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…

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More from @mjs_DC

Jun 28
🚨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…
Read 6 tweets
Jun 28
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…
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Read 5 tweets
Jun 27
The Supreme Court's third (but not last) decision is SEC v. Jarkesy. By a 6–3 vote, the court holds that when the SEC seeks civil penalties, the defendant is entitled to a jury trial in federal court.

This sounds technical but it's huge. supremecourt.gov/opinions/23pdf…
SCOTUS' decision is Jarkesy may well hobble many federal agencies' ability to bring meaningful enforcement actions against wrongdoers. Not just the SEC. Neither the executive branch nor the judiciary have the time or resources to try all these cases before a jury. Nowhere close.
Today's decision in Jarkesy could kneecap enforcement by the FCC, the FTC, the NLRB, the Department of Labor, and more—it goes WAY beyond the SEC. This is a massive blow to the federal government's ability to enforce regulations against lawbreakers. supremecourt.gov/opinions/23pdf…
Read 6 tweets
Jun 26
The Supreme Court's first decision of the day is Murthy v. Missouri, the social media "jawboning" case. By a 6–3 vote, the court holds that the plaintiffs lack standing.

Big win for the Biden administration. Another loss for the 5th Circuit. supremecourt.gov/opinions/23pdf…
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Alito dissents, joined by Thomas and Gorsuch. He calls it "one of the most important free speech cases to reach this Court in years" and embraces the lower courts' claim that the Biden administration censored users of social media companies by promoting removal of disinformation.
Justice Barrett's opinion has sharp words for both the 5th Circuit and Trump Judge Terry Doughty, who imposed the original "sweeping" injunction. Barrett says many of Doughty's factual findings "unfortunately appear to be clearly erroneous." supremecourt.gov/opinions/23pdf…
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Read 7 tweets
Jun 21
The Supreme Court's fifth AND FINAL decision is Rahimi. By an 8–1 vote, the court upholds a federal statute that temporarily disarms individuals subjected to a domestic violence restraining order. Only Thomas dissents. supremecourt.gov/opinions/23pdf…
While Roberts wrote the opinion in Rahimi, SIX justices expressed further views by writing or joining concurrences, a highly unusual number of separate concurrences. supremecourt.gov/opinions/23pdf…
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It is fascinating that Clarence Thomas authored Bruen two years ago—but today, he is the lone dissenter in a case purporting to apply Bruen. He says everybody else misunderstood his opinion.

Both the majority and several concurrences are attempting to narrow and refine Bruen.
Read 10 tweets
Jun 21
The Supreme Court second decision is Department of State v. Muñoz. By a 6–3 vote, the court holds that U.S. citizens have no constitutional liberty interest in their non-citizen spouses being admitted to the country. All three liberals dissent. supremecourt.gov/opinions/23pdf…
Justice Sotomayor, in dissent, accuses the conservative supermajority of cutting back the rights guaranteed in Obergefell—the same-sex marriage decision—and of repeating "the same fatal error" it made in Dobbs. A very ominous opinion. supremecourt.gov/opinions/23pdf…
Justice Sotomayor says the burden of today's decision will "fall most heavily" on same-sex couples, many of whom cannot safely reside in the non-citizen's home country. Her dissent is littered with alarm bells about Obergefell. supremecourt.gov/opinions/23pdf…

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Read 5 tweets

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