Opening line of SG Prelogar's final brief in US v. Texas, the federal government's challenge to Texas's 6-week abortion ban: SB 8 is an affront to SCOTUS's authority.
It's a smart approach, putting the justices' very authority front and center. All nine care about preserving their power and shutting down renegade states trying to circumvent their rulings; only three care about preserving abortion rights.
Later: SB 8 is "a brazen nullification of this Court’s precedents accomplished by subverting the judicial review Congress authorized to protect the supremacy of federal law."
This is fun: in US v. Texas (2021), SG Prelogar cites US v. Texas (1892) to contend that the powers of the federal government cannot be subject to the mercy of the states.

(File under "plus ca change".)

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More from @stevenmazie

1 Nov
Two hours from now, oral arguments begin in the twin challenges to Texas’s uniquely harsh abortion law.

i’ll be tweeting and analyzing the hearings as they unfold. You can also listen in via a button on the Supreme Court’s homepage: supremecourt.gov
The first SCOTUS case this morning is Whole Woman's Health v. Jackson, a challenge to SB 8, the Texas abortion ban, from abortion clinics and providers.

Marc Hearron, arguing against the law, is up first.
CJ Roberts begins by noting that it's the 30th anniversary of Justice Thomas's investiture. "Our heartfelt congratulations."
Read 113 tweets
29 Oct
JUST IN: Supreme Court *rejects* Maine healthcare workers’ religious-liberty challenge to their state’s COVID-19 vaccine mandate.
The vote is 6-3. Justices Kavanaugh and Barrett pen concurrence to explain why they joined with Chief Justice Roberts and the three liberals
Image
Read 6 tweets
22 Oct
Interesting that neither Breyer nor Kagan signed on to Sotomayor's partial dissent.

Could be a sign the Court is inclined to find Texas's law unconstitutional and all the justices know that's how it's going to come out.
The tick-tock suggests this is playing out according to a plan sketched a while ago by the Court.

Unlikely Sotomayor would have had the time to write unless she knew *before* the briefs came in that the Court would take cert before judgment & decline to reimpose injunction.
I should have written, as @JimOleske observed: "...a sign the Court is inclined to lift the appeals court's stay on the district court's injunction against SB 8."
Read 4 tweets
18 Oct
NEW: The Texas abortion law is back in the Supreme Court’s hands. The Department of Justice just filed an emergency request to reinstate a lower-court injunction against SB 8. supremecourt.gov/DocketPDF/21/2…
Crux of the petition: Texas's law is blatantly unconstitutional under existing law and is irreparably harming Texans seeking to terminate their pregnancies.
The DOJ (appropriately) takes the 5th circuit to task for its unreasoned and excessively sloppy opinion staying the injunction.
Read 9 tweets
14 Oct
The Biden commission on SCOTUS reform has released a long interim document in advance of its final report.

Here's its bottom line on proposals to expand the Court: a balanced Court is (1) overrated; and (2) may "reinforce the notion that the Justices are partisan actors."
Here are links to the full set of documents whitehouse.gov/pcscotus/publi…
Justice Breyer rn
Read 9 tweets
14 Oct
Organizer @KaliAkuno speaking about the People's Assembly of Jackson, Mississippi at the @BardCollege @Arendt_Center conference on Revitalizing Democracy: increasing Black political power puts the brakes on some forms of oppression but not economic oppression.
Akuno adds: the People's Assembly seems to work best when attendees are majority women. When it's a male majority, the conversation often falters.
The @Arendt_Center conference is on sortition and the theory & practice of enhancing democracy through citizen assemblies. It is being live-streamed here hac.bard.edu/conferences/?e…
Read 4 tweets

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