NEW at SCOTUS: In light of procedural delays at the abortion-hostile 5th circuit, challengers to TX SB8 abortion ban return to Court requesting order to send the case back to the district court for quick relief
In technical terms: the request is for a writ of mandamus directing the 5th circuit to remand the case to the district court. Plaintiffs also ask SCOTUS to expedite consideration of the application.
(The petition should be docketed at SCOTUS tomorrow and isn't yet available.)
Here is the cover and the question presented
• • •
Missing some Tweet in this thread? You can try to
force a refresh
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