The first question at oral arguments this morning was asked by Justice Clarence Thomas, which suggests he will continue to ask questions even though they’re back in the courtroom! (He was largely silent until they went telephonic.)
Here is Chief Justice Roberts formally closing out the last term and kicking off the new one from inside the courtroom. He also notes that Justice Kavanaugh will participate remotely and welcomes the new Marshal of the Supreme Court, Colonel Gail Curley.
This is standard administrative stuff you hear when you attend oral arguments in person. It’s just neat to hear it livestreamed from inside the courtroom for the first time. In the bad old days, SCOTUS did not include it when providing post-argument audio.
Can anyone tell what Breyer is whispering here?! (I think it’s Breyer because it sounds like him and he loves to whisper-chat during arguments.)
Here is a classic Breyer question that lasts 80 seconds and concludes with: “… so you have a lot to explain to me, unfortunately, and I will forgive you if you don’t.”
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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?!
A conservative 11th Circuit panel pauses the appeal of Georgia's six-week abortion ban. Why? The panel hopes that SCOTUS will overturn Roe v. Wade, allowing it to uphold Georgia's ban, too. acluga.org/wp-content/upl…
This order, translated: "Under current precedent, Georgia's six-week abortion ban is obviously unconstitutional. But we don't like that precedent. So we're going to keep this case on ice in the hope that the Supreme Court will overturn Roe, allowing us to uphold Georgia's ban."
Georgia's six-week abortion ban will remain on hold in the meantime, but the 11th Circuit clearly thinks the end of Roe v. Wade is nigh and is preserving its opportunity to uphold Georgia's ban after Roe falls.
Trump Judge Amul Thapar also adopts the anti-abortion rhetoric about pro-choice judges worshiping at the "altar of abortion," which I find extremely offensive but whatever. These guys get to say whatever they want. opn.ca6.uscourts.gov/opinions.pdf/2…
Thapar spends a full 22 pages (41-63) railing against Roe v. Wade and begging the Supreme Court to overturn it as soon as possible, condemning past justices for "dismissing our constitutional text and history" while worshiping at the "altar of abortion." opn.ca6.uscourts.gov/opinions.pdf/2…
Why does it feel like all the centrist/contrarian twitter figures who spent last year complaining about judgmental "woke scolds" now spend their days policing the tone and content of every COVID tweet and scolding anyone who fails to evince sufficient sensitivity to anti-vaxxers?
These people act like Victorian-era schoolteachers desperate to impart moral lessons unto their pupils by self-righteously lecturing them about proper manners in polite society. The prissy tone, the endless scolding lectures, the absolutely certainty of their own correctness ...
It's too much! No one asked for these lectures! The scolding is out of control! Who anointed these people as the tone police of COVID twitter?! Why must I bear their priggish little sermons about how YOU don't understand anti-vaxxers the way they do? It is insufferable!!!!!!!!!!!
If California outlawed handguns by allowing strangers to sue anyone who "aids and abets" their purchase, does anyone seriously believe the ultra-conservative justices (or conservative legal commentators) would shrug and say "too bad, there's absolutely nothing SCOTUS can do!"
If Oregon outlawed conversion to Christianity by allowing strangers to sue anyone who "aids and abets" a baptism, does anyone seriously believe SCOTUS wouldn't block it?
If Virginia outlawed Fox News by allowing strangers to sue anyone who "aids and abets" its broadcast, does anyone seriously believe SCOTUS wouldn't block it?
By a 5–4 vote, the Supreme Court just allowed Texas to enforce a law that prohibits abortions after six weeks, with no exception for rape or incest. Roe v. Wade is, functionally, overturned. Justice Sotomayor all but says it. s3.amazonaws.com/s3.documentclo…
Sotomayor: "The Act is a breathtaking act of defiance ... The Court should not be so content to ignore its constitutional obligations to protect not only the rights of women, but also the sanctity of its precedents and of the rule of law." s3.amazonaws.com/s3.documentclo…