The Supreme Court has released its end-of-term "clean up" orders list: supremecourt.gov/orders/courtor…
By a 6–3 vote, the Supreme Court refuses to hear Arlene's Flowers, which involves a florist who refused to serve same-sex couples. Thomas, Alito, and Gorsuch dissent. supremecourt.gov/orders/courtor… 
Gorsuch joins Thomas in suggesting that the Supreme Court consider overturning New York Times v. Sullivan, which provides strong First Amendment protections against defamation lawsuits brought by public figures. supremecourt.gov/orders/courtor…
Gorsuch says that "modern developments" have undermined New York Times v. Sullivan, condemning the decision as "a subsidy for published falsehoods on a scale no one could have foreseen." supremecourt.gov/orders/courtor…
Here's Thomas' separate opinion also arguing that the Supreme Court should overturn New York Times v. Sullivan and radically weaken First Amendment limitations on defamation suits brought by public figures. supremecourt.gov/orders/courtor…
The Supreme Court takes up Carson v. Makin, a sequel to Espinoza v. Montana, which asks whether the Constitution forces states to spend public money on explicitly religious education. (SCOTUS will say yes.) scotusblog.com/case-files/cas…
The Supreme Court takes up American Hospital Association v. Becerra, giving itself the opportunity to weaken or overturn Chevron deference toward administrative agencies. scotusblog.com/case-files/cas…
The Supreme Court will decide whether the Affordable Care Act's civil rights provisions allow disparate impact lawsuits for disability discrimination. (It will say no.) scotusblog.com/case-files/cas…
Just want to point out that Thomas' call to overturn New York Times v. Sullivan favorably cites to Judge Silberman's overtly partisan rant against the media: slate.com/news-and-polit…
On the other hand, Thomas once again calls on the Supreme Court to reconsider its (terrible) qualified immunity jurisprudence, at least outside the context of law enforcement. supremecourt.gov/orders/courtor…
By a 6–3 vote, the Supreme Court declined to take up a challenge to Kelo v. New London, which gave the government a lot of leeway to take private property for "public use" (as the government defines it). Thomas, Gorsuch, and Kavanaugh dissent. supremecourt.gov/opinions/20pdf…
By a 6–3 vote, SCOTUS reverses an 11th Circuit decision granting habeas relief to Matthew Reeves for ineffective assistance of counsel.
Sotomayor: "The lengths to which this Court goes to ensure that Reeves remains on death row are extraordinary."
supremecourt.gov/opinions/20pdf…
Sotomayor: "The lengths to which this Court goes to ensure that Reeves remains on death row are extraordinary."
supremecourt.gov/opinions/20pdf…
LINKS
Thomas and Gorsuch questioning New York Times v. Sullivan: supremecourt.gov/opinions/20pdf…
Thomas questioning qualified immunity: supremecourt.gov/opinions/20pdf…
Thomas questioning Kelo v. New London: supremecourt.gov/opinions/20pdf…
Alito and Gorsuch on the Amish:
supremecourt.gov/opinions/20pdf…
Thomas and Gorsuch questioning New York Times v. Sullivan: supremecourt.gov/opinions/20pdf…
Thomas questioning qualified immunity: supremecourt.gov/opinions/20pdf…
Thomas questioning Kelo v. New London: supremecourt.gov/opinions/20pdf…
Alito and Gorsuch on the Amish:
supremecourt.gov/opinions/20pdf…
I didn't mention the Amish case earlier but basically: Minnesota tried to force Amish people to install a modern septic system, which violates their beliefs. The lower court sided against the Amish. SCOTUS vacates that decision in light of Fulton. supremecourt.gov/opinions/20pdf…
Gorsuch wants us to know that he cares deeply about the religious liberty rights of Amish people, and he's glad that the Supreme Court has given them another chance to win their case against Minnesota's septic system tyrants. supremecourt.gov/opinions/20pdf…
If you're wondering why SCOTUS did not take up Arlene's Flowers and grant businesses a sweeping First Amendment right to discriminate against LGBTQ people, I think this is a good theory. ADF's lawyers are really terrible. Becket's are excellent.
https://twitter.com/imillhiser/status/1410960004266536969
Classic ADF! Vilifying a cis woman as an evil transgender cheater because she ... has short hair.
https://twitter.com/femme_thoughts/status/1410328637879074816
I'm always surprised when I see folks I respect, and consider to be genuinely decent humans, praise ADF ... like, what are you saying about people like me behind closed doors? I probably don't want to know.
slate.com/news-and-polit…
slate.com/news-and-polit…
Anyway, the Supreme Court has already packed its next term with blockbusters, including cases that:
•challenge Roe v. Wade
•demand a constitutional right to concealed carry
•demand public funding of religious education
There will be more! Best start preparing for June 2022.
•challenge Roe v. Wade
•demand a constitutional right to concealed carry
•demand public funding of religious education
There will be more! Best start preparing for June 2022.
How do we feel about Clarence Thomas trolling us by citing Pizzagate as a reason to overturn New York Times v. Sullivan? supremecourt.gov/opinions/20pdf…
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