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Mark Joseph Stern Profile picture
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29 Jun, 14 tweets, 6 min read
The Supreme Court's FIRST decision of the day is in Minerva Surgical v. Hologic. It's a 5–4 decision, with Kagan writing the opinion for the court upholding and "clarifying" assignor estoppel.

There will be more opinions. supremecourt.gov/opinions/20pdf…
Minerva Surgical is another 5–4 decision with Roberts, Kavanaugh, and the three liberals making up the majority, for those keeping score.

The next opinion(s) could come from anyone except the three Trump nominees. supremecourt.gov/opinions/20pdf…
While both Alito and Barrett dissented, they did so on very different grounds, and argued with each other over (among other things) what Scalia would've done in this case. supremecourt.gov/opinions/20pdf…
The Supreme Court's SECOND opinion of the day is a 6–3 decision in Guzman Chavez, with Alito writing for the court and ruling against noncitizens.

There will be more opinions. supremecourt.gov/opinions/20pdf…
Guzman Chavez asks whether this 👇 class of noncitizens are entitled to a bond hearing. Alito says no. All three liberals dissent. A very bad decision for asylum seekers. supremecourt.gov/opinions/20pdf…
If you're wondering about the fuss over footnote 4: Thomas and Gorsuch would rather hold that the court lacks jurisdiction to hear this case, but side with Alito on the merits.

The next opinion(s) could come from Alito, Breyer, Thomas, or Roberts. supremecourt.gov/opinions/20pdf…
The Supreme Court's third and FINAL opinion of the day is in PennEast Pipeline. No voting rights or donor disclosure decisions today! supremecourt.gov/opinions/20pdf…
Here's the holding in PennEast Pipeline. It's a 5–4 decision with Roberts, Breyer, Alito, Kavanaugh, and Sotomayor in the majority and Thomas, Gorsuch, Kagan, and Barrett in dissent. supremecourt.gov/opinions/20pdf…
No, we have never seen this breakdown before. A very curious vote by Kagan, who would grant states sovereign immunity against federal eminent domain. supremecourt.gov/opinions/20pdf…
Why the bizarre split in PennEast?

The upshot of today's decision is that a private company gets to build a natural gas pipeline on public lands, including conservation easements—over New Jersey's objection.

It's the fossil fuel industry vs. states' rights, and states lose.
So IF you were cynical enough to think that Supreme Court justices factor personal policy preferences into their decision-making ... you might say Roberts, Kavanaugh, and Alito value natural gas pipelines over states' sovereign immunity. supremecourt.gov/opinions/20pdf…
Anyway, we will get the last two opinions—voting rights and donor disclosures—on Thursday. For the second year in a row, the Supreme Court works into July!
I think this is right. And remember, given the composition of today's Supreme Court, the question in Brnovich isn't IF voting rights lose, but HOW voting rights lose.

If Alito has the opinion, Brnovich will probably be a wipeout for the Voting Rights Act.
Read @ReichlinMelnick on today's terrible decision in Guzman Chavez:

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Mark Joseph Stern Profile picture
29 Jun
As @ClaraJeffery has pointed out, RCV is ***not*** the reason for the delayed results in New York. RCV does not delay results. The wait is due to other factors, particularly a grace period for late-arriving ballots. Lowry's criticism is extreme bad faith.
fairvote.org/ranked_choice_…
Also, to claim that ranked choice voting somehow delays election results is to reveal that you have no fucking idea how ranked choice voting actually works. What absolute inanity. If he has the capacity for shame, which I doubt, Rich Lowry should be ashamed of himself.
What do conservatives think they have to gain by lying about ranked choice voting, anyway? It doesn't have a partisan valence. Or is this just another phase of their ongoing campaign to undermine confidence in the integrity of any election a Republican doesn't win?
Read 4 tweets
Mark Joseph Stern Profile picture
28 Jun
The Supreme Court takes up two new cases involving free speech and immigration and issues two per curiam decisions. Full order list here: supremecourt.gov/orders/courtor…
SCOTUS' new cases are Austin v. Reagan National Advertising (another First Amendment case about sign regulations!) and Patel v. Garland (limited to question 1 below), which sounds like a @ReichlinMelnick case. The court will hear these cases next term.
supremecourt.gov/orders/courtor…
Here's the big news: In what appears to be a 6–3 vote, the Supreme Court *reverses* an 8th Circuit decision that found officers used no excessive force when they killed someone using brutal tactics reminiscent of George Floyd's murder. supremecourt.gov/orders/courtor…
Read 10 tweets
Mark Joseph Stern Profile picture
25 Jun
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!

There will be more opinion(s). supremecourt.gov/opinions/20pdf… Image
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.

Thomas is not happy!
supremecourt.gov/opinions/20pdf… Image
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…
Read 10 tweets
Mark Joseph Stern Profile picture
23 Jun
The Supreme Court's FIRST opinion of the day is Lange v. California. In an opinion by Kagan, the court holds that pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless entry into the home.

There will be more decisions. supremecourt.gov/opinions/20pdf…
Yikes, though: KAVANAUGH joins the portion of Thomas' concurrence sharply criticizing the exclusionary rule and asserting that it never applies to evidence illegally obtained in "cases of fleeing suspects." supremecourt.gov/opinions/20pdf… ImageImageImage
The vote breakdown in Lange is pretty interesting, but both Kagan and Kavanaugh question whether Roberts' Fourth Amendment analysis is actually different, in practice, from the majority's. supremecourt.gov/opinions/20pdf… Image
Read 16 tweets
Mark Joseph Stern Profile picture
22 Jun
There is SO MUCH wisdom and fire in @LeahLitman @ProfMMurray and @kateashaw1's new law review article, but this passage in particular really spoke to me (and identifies a problem I am trying to be conscious of): repository.law.umich.edu/cgi/viewconten…
On the rule, created and enforced by heterosexual white men on this website *every damn day,* that your legal opinion is invalid if it arises from strongly held principles: repository.law.umich.edu/cgi/viewconten…
This is crucial. When <certain male commentators> want to police criticism of the judiciary, they often accuse critics of failing to understand some arcane aspect of the law—framing them as overly emotional amateurs who can't roll with the big boys. repository.law.umich.edu/cgi/viewconten…
Read 6 tweets
Mark Joseph Stern Profile picture
21 Jun
The Supreme Court's first opinion of the day is in Goldman Sachs v. Arkansas Teacher Retirement System. Majority opinion by Barrett. There will be more opinions! supremecourt.gov/opinions/20pdf…
Letting @LeahLitman summarize this holding because I did not follow the case, which involves a securities fraud class action.
The Supreme Court's second decision of the day is in NCAA v. Alston. In an opinion by Gorsuch, the court *unanimously* upholds the district court's injunction against the NCAA based on "established anti-trust principles"! This is a big deal. supremecourt.gov/opinions/20pdf…
Read 13 tweets

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