SCOTUS orders are out. There's a bunch tucked in here. supremecourt.gov/orders/courtor…
First, SCOTUS grants, vacates, and remands an 8th Cir. excessive force case. Justices Alito, Thomas, and Gorsuch dissent.

Here is from the maj. op. (per curiam): Image
Second, SCOTUS GVRs a takings clause case to the 9th Cir. No dissents. Image
Justice Thomas, alone, dissents from the denial of cert. in a medical-marijuana case. Says it's time to revisit Gonzales v. Raich. Image
There are two grants this morning. One is an immigration case involving the extent to which the circuit courts can review certain determinations related to admissibility.

The other is a First Amendment sign ordinance case. Image
Here's a notable denial. The court will not take up the case of Gavin Grimm, the trans student from Virginia who challenged his school district's bathroom policy.

Grimm won at the 4th Cir., which extended Bostock to the Title IX context. Image
SCOTUS also declines to take a case asking whether the Fourth Amendment requires DHS to get a warrant or have probable cause before searching electronic devices at the border.

Last year, the 1st Cir. (joinng others) held that a warrant or probable cause is not required. Image
BravoTV fans, SCOTUS has declined to take up Janice Dickinson's Lanham Act lawsuit over her portrayal in Shahs of Sunset.

The producers successfully defended against the suit by arguing Shahs is an expressive work protected by the First Amendment. Image

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More from @gabrielmalor

30 Jun
Pennsylvania Supreme Court overturns Cosby's conviction.

Explains that because one DA compelled Cosby to testify in a civil action without the benefit of the 5A privilege against self-incrimination, successor DAs could not use that inculpatory testimony in his criminal trial.
"we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, ..."
pacourts.us/assets/opinion… Image
"... the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced."
Read 5 tweets
30 Jun
Just to swing back to this now that I'm back from dinner, SCOTUS, 5-4, denies application to lift the federal eviction moratorium that's in place for the rest of July. supremecourt.gov/opinions/20pdf… Image
I see there are questions from the class, so let's break this down.

Groups challenging CDC's pandemic-related moratorium on evictions say CDC lacks the authority to issue that moratorium.

They're right. And a district court said so. (actually a couple courts have)
But the CDC has appealed that decision to the DC Circuit, which issued a stay of the district court's decision pending appeal.

In other words, the moratorium remains in effect pending appeal.
Read 12 tweets
29 Jun
Our first ideological 6-3 of the day is in Guzman Chavez, the immigration detention case. Justice Alito writes for the Court except for a footnote. supremecourt.gov/opinions/20pdf…
This case is about whether certain aliens being detained after unlawful reentry while they seek limited relief from removal can get out of detention on bond.

Held: nope. Image
Also, what's this footnote that couldn't get a majority?

Uhhhhh . . . whether the Court has jurisdiction. Image
Read 8 tweets
28 Jun
10th Cir.: it violated equal protection for police officers to provide less protection to a woman whose domestic assailant was a fellow officer than they would to victims of domestic violence whose assailants were not officers.

No QI.
ca10.uscourts.gov/opinions/19/19… ImageImage
To sum up, woman is killed by her police officer former-lover (who then kills himself).

Her estate is suing bc she complained about his violent behavior many times, but his fellow officers never arrested him.
Most interestingly (and this is going to be a big thing for police departments) the department's policy of referring allegations against officers to an outside authority (while just arresting in cases of non-police allegations) is evidence of discriminatory intent. Image
Read 4 tweets
28 Jun
Turning back to this for a minute, SCOTUS' decision not to take up this case means that in the 4th Cir. (joining the 7th and 11th) school policies that rely on the sex listed on birth certificates are sex-based classifications subject to intermediate scrutiny.
The import of this case is that's not going to fly.

This is important bc many school districts have tried to solve trans questions with what they see as a bright-line rule: they'll go with whatever it says on your birth certificate.
(They'll also frequently claim "that's science!" even though it's nothing of the sort.)
Read 9 tweets
26 Jun
5th Cir. will not rehear en banc a QI case in which the plaintiff alleges that police officers knowingly tased a suicidal man drenched in gasoline and thereby set him on fire, killing him.

The exchange of views is going to need more comment. ca5.uscourts.gov/opinions/pub/2…
I'm going to dig in to this tomorrow (I've, er, already started the weekend so I'm not quite in the mind to write) but there is A LOT in here.

Including Judge Willett explicitly invoking SCOTUS' shadow docket, which is a first on me.
*corrected tweet. Sometimes I fall back and call Judge Willett "Justice." Habit.
Read 4 tweets

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