Mark Joseph Stern Profile picture
Oct 4, 2021 7 tweets 5 min read Read on X
The Supreme Court's order list is here: supremecourt.gov/orders/courtor…

The court swats away the challenge to Trump's border wall "in light of the changed circumstances."
Justice Breyer, writing alone, once again questions "the constitutionality of the death penalty."

At the point, the only (small) step he could take to really combat the death penalty is step down so a younger progressive can continue this battle. supremecourt.gov/orders/courtor…
Didn't the Priests for Life get the memo that the justices aren't just a bunch of partisan hacks?!
Justice Sotomayor once again serves as the conscience of the court by highlighting injustices in relatively obscure cases. supremecourt.gov/orders/courtor…

First, Thomas v. Payne. a capital case in which the 8th Circuit pulled a nasty trick to deny relief.
Second, Gann v. US, flagging an ACCA question for a future case. supremecourt.gov/orders/courtor…

I wrote about Sotomayor's careful attention to major injustices in minor cases last term: slate.com/news-and-polit…
Anyway, happy First Monday! It's the start of a new Supreme Court term.🥴 For the first time ever, you can listen to oral arguments live from the courtroom, right here: supremecourt.gov/oral_arguments…
And before arguments begin, here's one more solo Sotomayor opinion in a tragic qualified immunity case, James v. Bartelt. Sotomayor writes that QI "does not protect an officer who inflicts deadly force on a person who is only a threat to himself." supremecourt.gov/orders/courtor…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Mark Joseph Stern

Mark Joseph Stern Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @mjs_DC

Oct 31
The seamless expansion of same-day registration to so many states proves that there is no legitimate reason to cut off voter registration before Election Day, let alone a full month before. Registration deadlines are just a pretext to prevent less engaged citizens from voting.
In many states, you can walk up to the polls on Election Day, register to vote, and cast your ballot. In other states, you have to register up to a full month before Election Day. The only difference is that the first group of states wants people to vote and the second does not.
Same-day registration also protects voters against administrative errors and unlawful purges that cancel their active status shortly before an election. In Virginia, for instance, citizens wrongfully purged by Youngkin can re-register at the polls through Election Day.
Read 4 tweets
Oct 25
NEW: A far-right panel of the 5th Circuit rules that it is *illegal* for states to count ballots that arrive shortly after Election Day but are postmarked by Election Day.

18 states + D.C. count these ballots. This decision would shred those laws. s3.documentcloud.org/documents/2525…
BUT: The 5th Circuit decision only applies to Mississippi, the one state within the circuit that counts ballots received after Election Day.

The 5th Circuit is trying to tee up a Supreme Court decision to strike down ballot laws in many other states, too. s3.documentcloud.org/documents/2525…
The 5th Circuit declined to issue a preliminary injunction against Mississippi's law, but declared it illegal and ordered the district court to issue an appropriate remedy. Nobody knows what that will look like! Confusion will now reign. s3.documentcloud.org/documents/2525…
Read 4 tweets
Jul 2
NEW: The Supreme Court sends a whopping EIGHT Second Amendment cases back to the lower courts for reconsideration in light of its decision in Rahimi.

Much more in today's giant orders list: supremecourt.gov/orders/courtor…
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…
Image
Read 12 tweets
Jul 1
🚨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…
Image
Sotomayor, joined by Kagan and Jackson, closes: "With fear for our democracy, I dissent." supremecourt.gov/opinions/23pdf…
Image
Read 6 tweets
Jul 1
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.
Image
Image
Read 4 tweets
Jul 1
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…
Image
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…
Image
Read 7 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(