BREAKING: On a 5-4 vote, the Supreme Court denies relief to plaintiffs challenging Texas #SB8, allowing it to remain in effect for now. Chief Justice Roberts joins the Democratic appointees in dissent.
Here is the statement from the Court, which has no author and is not listed as per curiam.
Here is Roberts’ dissent, joined by Breyer and Kagan, which focuses on the “unprecedented” type of law at issue here.
Here is Breyer’s dissent, joined by Sotomayor and Kagan, which focuses on Texas’s attempt to end-run their unconstitutional law around the courts by having private enforcement.
Here is Sotomayor’s dissent, joined by Breyer and Kagan, focused on the pre-enforcement gamesmanship by Texas: “It cannot be the case that a State can evade federal judicial scrutiny by outsourcing the enforcement of unconstitutional laws to its citizenry.”
And, finally, here is Kagan’s dissent, joined by Breyer and Sotomayor, which focuses on the shadow docket, concluding that its “decisionmaking” becomes “more unreasoned, inconsistent, and impossible to defend” every day.
So, the unnamed majority (Thomas, Alito, Gorsuch, Kavanaugh, and Barrett) say the decision has nothing to do with the constitutionality of the law — but also make clear that states can avoid pre-enforcement litigation by allowing only for private “vigilante” enforcement.
That was too much for Roberts, but he was unable to get *any* of the other conservatives — not Kavanaugh, not Gorsuch, no one — to join him in merely casting a fifth vote to put the law on hold while the courts sort this “unprecedented” law out.
Seems like a good time to reread my April 20 MSNBC column about Roberts and the bill to expand the Supreme Court: msnbc.com/opinion/why-su…
Here is the full pdf of all the opinions: supremecourt.gov/opinions/20pdf…
"The Court’s order is stunning."

Sotomayor's dissent is On Point.
The #SCOTUS 5-justice right-wing majority tonight actually wrote that it was a decision between "serious questions regarding the constitutionality" of #SB8 and "complex and novel antecedent procedural questions on which they have not carried their burden," and chose the latter.

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More from @chrisgeidner

10 Sep
Two Clinton-appointed judges in their 70s were all that stood in the path of Thapar having his way here.
Here's Judge Thapar, Trump's first appeals court nominee, mincing no words and saying that, in his view, Tennessee can do whatever it wants, including a total ban on abortion.
More from Thapar: "But those precedents are wrong."
Read 5 tweets
9 Sep
But, lol. The engagement on this post tells me you can just put this idea back on the shelf. Image
I really want to have a sit-down with whoever was like, “Shark Tank, but instead of capitalism we make it about activism. By turning the activism into a marketable commodity. So, capitalism.”
Read 4 tweets
8 Sep
We’re still waiting on word from #SCOTUS in John Ramirez’s request for a stay of execution in Texas. Ramirez is due to be executed tonight. Here’s the docket: supremecourt.gov/search.aspx?fi…
Here’s the underlying issue presented, a religious liberty — specifically, RLUIPA — claim, on which he is asking for a stay:
Notably, Texas AG Paxton, which opposes the stay request, is also *opposing* the Becket Fund for Religious Liberty here, which filed an amicus brief supporting Ramirez. supremecourt.gov/DocketPDF/21/2…
Read 9 tweets
8 Sep
We got 9th Circuit nominees, all of whom are already judges at the federal or state level: Judge Lucy Koh (N.D. Cal.), Justice Gabriel Sanchez (Cal. Ct. App., 1st App. District), Judge Holly Thomas (Los Angeles County Superior Ct., Family Law Division).
Here is Koh’s background:
Here is Sanchez’s background:
Read 7 tweets
6 Sep
Really weird — if not in a negotiating posture — to be fighting publicly to stay in charge of an organization whose board co-chairs are asking you to leave.
And, there we go: @HRC fired Alphonso David tonight, after a series of accusatory and aggressive statements from David, former Andrew Cuomo counsel, over the holiday weekend.
The Times (by @maggieNYT) reports that no one on either board voted for him to stay. nytimes.com/2021/09/06/us/…
Read 5 tweets
1 Sep
Seriously, John Roberts, what kind of operation are you running there?
So, I really do want to know what’s actually happening. Because there are a few different possibilities, all of which could lead — arguably — to different responses from at least some actors. Is Alito just holding the application, is the Court holding for a dissent, is the …
… Court holding because there’s no clear majority on how to deal with the pre-enforcement aspect of this and they’re hoping for an enforcement case that they can then set for argument alongside Dobbs? Or is it something else altogether?
Read 4 tweets

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