In his capacity as head of the federal judiciary, John Roberts just released his end-of-year report. He pays homage to Chief Justice Taft, highlighting issues the Judicial Conference will soon tackle.
But Roberts’s real message is to Congress: keep your hands off SCOTUS
There are three issues Roberts says the conference will engage: judges’ financial disclosures, harassment & misbehavior, and judicial assignment in patent cases.
But his subtext rings louder than any of that: criticize us all you like, but we will manage ourselves quite well without any meddling from the outside, thankyouverymuch. A not so veiled reference to Biden’s SCOTUS Reform Commission and possible congressional action.
At 10:00, the Supreme Court will be hearing a case that could poke another hole in the (already teetering) wall of separation between church and state: Carson v. Makin. You can listen in at this link. I'll be listening & tweeting.
A must-read @bartongellman analysis of Trump's efforts to derail his 2020 loss and plans in the works to steal the next election. In @rickhasen's words, “We face a serious risk that American democracy as we know it will come to an end in 2024." theatlantic.com/magazine/archi…
It's dire, folks
Republicans are exiling leaders who averted catastrophe last time
Thomas has the first question for Scott Stewart, solicitor general of Mississippi: does it make a difference if we focus on privacy or autonomy or more specifically on abortion?
An interesting wrinkle: the progressive left is somewhat at odds with itself in this case. Gun control advocates oppose broadening the right to bear arms while racial-justice activists deplore the discriminatory manner in which states decide who gets to carry a concealed weapon.
The argument begins at 10 AM and you can listen via a button on the Supreme Court homepage supremecourt.gov
Lots of us have been puzzled as to why SCOTUS didn’t lift the 5th circuit stay on the district-court injunction to temporarily block SB 8 when it granted cert before judgment, and why only Sotomayor dissented from that denial
After today’s hearings, it’s less puzzling.
1. The “procedural morass” (Kagan) is more troubling to more justices in US v. Texas, yet that’s the (only) case w a lower-court injunction that could be restored. The majority preferred the Whole Woman’s Health route all along.
2. Seems the majority knew they wanted to block SB 8 but didn’t know exactly how and wanted to use briefing & oral arg to sort out whom specifically to enjoin (clerks, judges, AG, private parties). Path of least resistance sounds like state clerks.