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Feb 24 • 4 tweets • 1 min read
NEW at SCOTUS: a 6-3 decision in Unicolors, Inc v. H&M Hennes & Mauritz, LP—a fairly technical copyright case. Breyer writes for the majority; Thomas, Alito and Gorsuch dissent
Opinion here supremecourt.gov/opinions/21pdf…
And that's it for today.
Interesting we did not get a ruling in the case Breyer apparently inadvertently let slip in an oral argument yesterday

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Steven Mazie Profile picture
Feb 22
These may not be apposite in Elenis, as flowers, hairdos & photography do not involve what the 10th c saw as "pure speech" of website words & design. The question here is less messy—no "is cake speech?" It's flat-out whether certain views can exempt people from public-acc. laws.
To be clear: the 10th circuit ruled against the website designer EVEN THOUGH it acknowledged her work involves "pure speech".
That's because, Judge Briscoe found, Colorado's law passes strict scrutiny. It has a compelling interest in protecting LGBT people from discrimination in the marketplace.
Read 9 tweets
Steven Mazie Profile picture
Feb 7
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.
Read 8 tweets
Steven Mazie Profile picture
Feb 1
Lawyer up, every biology teacher everywhere
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?
Read 5 tweets
Steven Mazie Profile picture
Jan 28
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. Image
First page. Will post full application in a minute. Image
Here's a copy of the document. It is not yet on the SCOTUS website but should be soon. drive.google.com/file/d/1Y-iwCq…
Read 8 tweets
Steven Mazie Profile picture
Jan 28
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."
Read 6 tweets
Steven Mazie Profile picture
Jan 27
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."
Read 7 tweets

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