The Supreme Court's FIRST opinion of the day is in Brnovich, the Voting Rights Act case. It's a 6–3 decision with Alito writing the majority. All three liberals dissent. supremecourt.gov/opinions/20pdf…
The Supreme Court holds that neither of Arizona's challenged voting restrictions violates Section 2 of the Voting Rights Act. supremecourt.gov/opinions/20pdf…
The Supreme Court weakens, *but does not eradicate,* the Voting Rights Act's "results test"—which gauges the impact of voting restrictions on minorities—in cases (like this one) that involve "vote denial" rather than "vote dilution." supremecourt.gov/opinions/20pdf…
Kagan, dissenting: "What is tragic here is that the Court has (yet again) rewritten—in order to weaken—a statute that stands as a monument to America’s greatness, and protects against its basest impulses." She repeatedly calls today's decision "tragic." supremecourt.gov/opinions/20pdf…
Kagan, dissenting: "The majority fears that the statute Congress wrote is too 'radical'—that it will invalidate too many state voting laws. So the majority writes its own set of rules, limiting Section 2 from multiple directions."
Here is her kicker: supremecourt.gov/opinions/20pdf…
In the Supreme Court's second and final opinion of the day, Americans for Prosperity, the majority holds that California's donor disclosure law is FACIALLY INVALID under the First Amendment. 6–3 decision, all three liberals dissent. supremecourt.gov/opinions/20pdf…
Chief Justice Roberts' opinion for the court in Americans for Prosperity is VERY broad. He rejects the possibility of narrower, as-applied challenges and holds that California's donor disclosure law is unconstitutional on its face. A huge decision. supremecourt.gov/opinions/20pdf…
Yes, Roberts' decision imperils campaign finance disclosure laws. No other way to read it. He applies a very stringent standard to all "disclosure regimes." This is what democracy advocates feared the conservative majority would do in this case. supremecourt.gov/opinions/20pdf…
As Sotomayor notes in dissent: "Today’s analysis marks reporting and disclosure requirements with a bull’s-eye." Not just California's donor disclosure law—all disclosure requirements. Including those relating to elections and campaign finance. supremecourt.gov/opinions/20pdf…
Sotomayor calls out the conservative majority for
jettisoning precedent, saying today's court "apparently has a different view of its role," one that is "wholly inconsistent with the Court’s precedents and our Court’s long-held view ..." supremecourt.gov/opinions/20pdf…
The Supreme Court closes out its term with two gut punches to democracy. Americans for Prosperity is as bad as it could possibly be. Brnovich is not the worst-case scenario, but it is still very, very bad. The Voting Rights Act is in grave peril at SCOTUS. Both 6–3 decisions.
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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…