The Supreme Court's FIRST opinion of the day is in TransUnion. It's another 5–4 decision with Thomas joining the liberals in dissent—the second of the week!
In an opinion by Kavanaugh, the court finds that most members of the class suing TransUnion for Fair Credit Reporting Act violations do not have standing.
These decisions don't make the headlines, but they illustrate the far-reaching impact of a 6–3 conservative majority. Thomas has twice peeled off from the conservative bloc to join the liberals, but it doesn't matter because, well, Amy Coney Barrett. supremecourt.gov/opinions/20pdf…
Kagan, dissenting: Kavanaugh's opinion "transforms standing law from a doctrine of judicial modesty into a tool of judicial aggrandizement." supremecourt.gov/opinions/20pdf…
I know this sounds very strange, but Justice Thomas has really been on fire lately. His opinions in Arthrex, Collins v. Yellen, California v. Texas, and, today, TransUnion are all fascinating and persuasive. supremecourt.gov/opinions/20pdf…
The Supreme Court's SECOND decision of the day is in HollyFrontier Cheyenne v. Renewable Fuels. There's a first time for everything: Barrett dissents, joined by Sotomayor and Kagan, and lineup we've never seen before. supremecourt.gov/opinions/20pdf…
There will be more decisions.
In HollyFrontier, which breaks down to men vs. women, the Supreme Court says a small refinery that previously received a hardship exemption can still obtain a hardship "extension" if its exemption coverage lapsed in a previous year.
In dissent, Barrett, joined by Sotomayor and Kagan, says the EPA cannot "extend" an exemption that a refinery no longer has. Gorsuch vs. Barrett on an arcane question of statutory interpretation ... some sickos out there are going to LOVE this. supremecourt.gov/opinions/20pdf…
The Supreme Court's third and FINAL decision of the day is in Yellen v. Confederated Tribes. By a 6–3 vote, the court holds that Alaska Native Corporations ARE eligible for funds under the CARES Act! Gorsuch, Thomas, and ... Kagan ... dissent. supremecourt.gov/opinions/20pdf…
No blockbusters—IN THE TRADITIONAL SENSE—from the Supreme Court today, but three decisions with wild lineups:
1. Thomas joins the liberals in dissent. 2. Barrett, Sotomayor, and Kagan dissent together. 3. Gorsuch, Thomas, and Kagan dissent.
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The Supreme Court also sends NINE Chevron cases back down to the lower courts for reconsideration in light of Loper Bright. The disruption officially begins: supremecourt.gov/orders/courtor…
The Supreme Court vacates an 8th Circuit decision that had granted North Dakota lawmakers a "legislative privilege" from discovery in an important Native redistricting case, agreeing with the plaintiffs that the dispute has become moot. (KBJ dissents.) supremecourt.gov/orders/courtor…
🚨The Supreme Court rules that President Trump has "absolute immunity" from criminal prosecution for all "official acts" he took while in office. The vote is 6–3 with all three liberals dissenting. supremecourt.gov/opinions/23pdf…
Sotomayor, dissenting: Today's decision shields presidents from prosecution "for criminal and treasonous acts" and "makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law." supremecourt.gov/opinions/23pdf…
The Supreme Court's second decision is NetChoice. Justice Kagan's complicated opinion for the court remands both cases to the appeals courts for the proper analysis of a First Amendment facial challenge, which, she says, they flunked the first time. supremecourt.gov/opinions/23pdf…
HOWEVER: Kagan's opinion for the court holds that content moderation IS "expressively activity" and that social media platforms ARE protected by the First Amendment, no matter their size, from state intrusion. That's a major holding. supremecourt.gov/opinions/23pdf…
Kagan says social media platforms engage in protected speech when moderating content posted by third parties, and Texas' alleged interest in interfering with that practice amounts to the "suppression of free expression, and it is not valid" under the First Amendment.
The Supreme Court's first decision is Corner Post. By a 6–3 vote, the majority allows plaintiffs to challenge an agency action LONG after it has been finalized. All three liberals dissent. supremecourt.gov/opinions/23pdf…
This article explains why today's outcome in Corner Post will be so destabilizing to the administrative state—it means that agency actions are never really safe from legal assault, even decades after they're finalized. It's a really big deal. americanprogress.org/article/corner…
In her dissent, Justice Jackson urges Congress to enact a new law to "forestall the coming chaos" created by today's decision, reimposing the statute of limitations that had, until now, prevented new plaintiffs from endlessly challenging regulations. supremecourt.gov/opinions/23pdf…
🚨The Supreme Court overrules Chevron deference, wiping out 40 years of precedent that required federal courts to defer to expert opinions of federal agencies. All three liberals dissent. This is a HUGE decision. supremecourt.gov/opinions/23pdf…
The Supreme Court's reversal of Chevron constitutes a major transfer of power from the executive branch to the judiciary, stripping federal agencies of significant discretion to interpret and enforce ambiguous regulations. Hard to overstate the impact of this seismic shift.
Today's ruling is a massive blow to the "administrative state," the collection of federal agencies that enforce laws involving the environment, food and drug safety, workers' rights, education, civil liberties, energy policy—the list is nearly endless. supremecourt.gov/opinions/23pdf…
The Supreme Court's first decision is Grants Pass. By a 6–3 vote, the court holds that penalizing homeless people for sleeping outside when there is no available shelter does NOT violate the 8th Amendment. All three liberals dissent. supremecourt.gov/opinions/23pdf…
The Supreme Court's decision in Grants Pass wipes out significant precedent in the 9th Circuit that had protected homeless people from punishment when they slept outside due to lack of shelter. Per Gorsuch, the court holds that penalizing such people is not "cruel and unusual."
In dissent, Sotomayor says punishing people who sleep outside for lack of other options—through both civil penalties and jail time—is "unconscionable and unconstitutional," and faults the majority for spurning the "humanity and dignity of homeless people." supremecourt.gov/opinions/23pdf…