First case today is Lange v California, Kagan opinion holding that pursuing a misdemeanor suspect doesn’t always justify a warrantless entry into a home under the fourth amendment. supremecourt.gov/opinions/20pdf…
Second case today is Collins v. Yellen, the Fannie and Freddie case. It’s uhhh complicated. Alito has the opinion. tbh I don’t remember ever seeing this particular resolution before. supremecourt.gov/opinions/20pdf…
Third case is Mahanoy, the off-campus free speech case. The student wins, 8-1! Breyer has the opinion, which looks fairly narrow. supremecourt.gov/opinions/20pdf…
We’re going to have at least a fourth opinion today
Fourth and last is Cedar Point Nursery vs Hassid. Mandating access to labor union organizers at a work site constitutes an unconstitutional taking from the property owner, Chief Justice Roberts writes for a 6-3 court split on party lines. Oof. supremecourt.gov/opinions/20pdf…
With one opinion issuance day left to go this week, more than ten cases remain undecided, including—somewhat ominously—the Arizona voting rights case. I’d guess we see two or three opinion days next week.
This is the key point, I think, in Breyer’s Cedar Point dissent. Beyond being bad for unions, this unprecedented holding opens up all sorts of new avenues for mischief by business owners looking to quash regulatory rules, visits, and inspections they don’t like.
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I think this is my favorite part of the discussion so far. Footnote continues in the second screenshot.
Giuliani lied repeatedly for months about the number of ballots Pennsylvania mailed. When challenged before the court, he didn’t defend the claim but blamed an unnamed staff member for feeding him the line. The court found there’s no proof that ever happened.
A class action litigator in California apparently inadvertently left a confession in time entries submitted to the court that his billable hours were inflated by nearly 2x. The judge noticed. scribd.com/document/51284…
via @KinseyAndrew, who has the details of the lawyers’ scramble to clean this up. One excerpt:
via @Ev4nGaines, the court held its show cause hearing for the class action attorneys who cooked their hours today. The judge didn’t hold them in contempt, but sanctioned them—fining each $10,000–and utterly shredded their explanations. occourts.org/tentativerulin…
If I’m understanding the secondhand reports correctly, Spears has been under a conservatorship for 13y, her court-appointed counsel during that time never filed a petition to terminate, the first time his client is allowed to speak in open court she asks the court to end it...
... the judge then encourages counsel to file said petition, he says he doesn’t want to touch that issue but is willing to be replaced, and Spears says she was never informed a petition to terminate was an option.
Certainly seems like a bar investigation is in order, at the least.
First case today is Goldman Sachs vs Arkansas Teacher Retirement System, a securities fraud class action case. Justice Barrett has the opinion, finding in favor of Goldman. supremecourt.gov/opinions/20pdf…
Second case is the NCAA, affirming the opinion below! Gorsuch has the opinion for a unanimous court. supremecourt.gov/opinions/20pdf…
Here’s Gorsuch’s description of what that Solomonic lower court decision did—which is now the law nationwide.
Breyer has the opinion. It's 7-2.* Reversed and remanded.
(Sometimes I can't even count.)
Second case reverses and remands Nestle v. Doe, the Alien Tort Statute extraterritoriality case; it's a complicated, fractured plurality opinion I won't dare try to summarize just yet. Justice Thomas has the bulk of it. supremecourt.gov/opinions/20pdf…