BREAKING AT SCOTUS: in a blow to voting rights, justices vote 5-4 to PERMIT Alabama to use a gerrymandered congressional map that dilutes voting influence of African Americans. A major victory for Republicans.
Chief Justice Roberts dissents, along with the three liberal justices.
Justice Kagan ends her dissent, joined by Breyer and Sotomayor, reiterating themes she has voiced before: the illegitimacy of resolving such crucial questions on the shadow docket, and the anti-democratic results of permitting racial gerrymanders.
The five justices do not issue a majority explanation for the ruling. Only Justices Kavanaugh and Alito write a statement concurring in the decision. There is some Snark, more aggressive than usual, replying to justice Kagan.
The majority’s order is provisional “pending further order of the Court”, so it isn’t the final word. But it’s effectively a nail in the coffin for those challenging Alabama’s map.
But to be clear, the 2022 election for Congress in Alabama will move ahead with Alabama‘s current map—which gives the 27% of black voters in the state a chance to select only one 1 of 7 representatives.
The “of students” part is pretty ambiguous. Is it only illegal to teach natural selection if you have creationist kids in your particular classroom? Do you need to poll your students at the beginning of the semester to find out what their religious beliefs are?
What if you have religious students whose fundamental tenet is “help the poor”? Is it illegal to teach Herbert Spencer?
NEW at SCOTUS: Alabama files emergency application in race & redistricting dispute over new state's new congressional map.
As COVID-related litigation dissipates, this is likely the first of a wave of post-redistricting map-drawing disputes the justices will have to navigate.
First page. Will post full application in a minute.
This is NOT a dispute over whether someone is to be executed. It's whether SCOTUS should reverse two lower courts that agreed to pause a lethal injection for an illiterate prisoner who prefers to die via nitrogen hypoxia but couldn't read the form giving him that option.
And five justices intervened to make sure the cognitively impaired prisoner is put to death immediately rather than in a few weeks.
That's where we are.
Reeves's lawyer: “The immense power of the State should be used to help its citizens, not to prevent them from exercising their rights. The immense authority of the Supreme Court should be used to protect its citizens, not to strip them of their rights without explanation."
Admit I'm a little teary-eyed after reading the justices' lovely odes to Justice Breyer.
Some highlights:
Roberts: "his fanciful hypotheticals during oral
argument have befuddled counsel and colleagues alike"
Roberts: "He is also a reliable antidote to dead airtime at our lunches, moving seamlessly from modern
architecture to French cinema, to old radio shows, to a surprisingly comprehensive collection of
riddles and knock-knock jokes."
BREAKING: Supreme Court agrees to hear challenges to race-based affirmative action
The cases involve admissions policies at the University of North Carolina and Harvard University, so the matter of affirmative action will be addressed for both public and private institutions— under the 14th amendment and the civil rights act
The cases will most likely be heard early in the autumn.