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Mar 7 • 4 tweets • 2 min read
The Supreme Court’s first and only opinion of the day is in Wooden v. US, an ACCA case. In an opinion by Kagan, the court (somewhat surprisingly) rejects a sentence enhancement for the defendant! supremecourt.gov/opinions/21pdf…
Gorsuch and Sotomayor team up again, this time to (1) encourage application of the rule of lenity in ACCA cases and (2) note the substantial jury trial issue that “simmers beneath the surface of today’s case.” supremecourt.gov/opinions/21pdf…
The court unanimously holds that multiple crimes committed in the course of a single spree count just once under ACCA, but splinter in a few different directions on specific aspects of the decision. It’s a good outcome IMO and I like Gorsuch’s concurrence. supremecourt.gov/opinions/21pdf…
If the Supreme Court were allowed to directly lobby Congress, I am pretty sure every justice would plead for ACCA repeal (with the possible exception of Alito). It is a fundamentally unworkable monstrosity that sucks up a huge amount of the court’s time and energy. It just sucks!

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Mark Joseph Stern Profile picture
Mar 7
BREAKING: SCOTUS has refused to stay congressional maps drawn by the state Supreme Courts of North Carolina and Pennsylvania.

Alito, Thomas, and Gorsuch dissent from the North Carolina decision. Orders posted shortly.
Here is the NC order.

Alito, Thomas, and Gorsuch, say the NC Supreme Court's maps likely violate the Elections Clause, endorsing the independent state legislature theory.

Kavanaugh says the Purcell principle requires SCOTUS to stay out of it—for now. s3.documentcloud.org/documents/2139…
Here is the Pennsylvania order denying an injunction. No noted dissents. The court notes that the case has been referred to a three-judge court and the parties can appeal from its decision to grant or deny an injunction. s3.documentcloud.org/documents/2139…
Read 10 tweets
Mark Joseph Stern Profile picture
Mar 6
Florida prohibited gay people from adopting children—and was the last state to do so—until 2010, when a court struck down the ban.

Now Ron DeSantis’ press secretary is accusing gay teachers of “grooming” students simply by being openly gay. You see where this is going, right?
If DeSantis’ press secretary thinks gay teachers are “grooming” students, imagine what she says about same-sex parents in private.

Florida is going down a dark road, reviving bigoted myths about the need to protect children from gay predators. This won’t stop with schools.
Also for the thousand time, the Florida gag law is NOT limited to 4-8 year-olds, it applies to all grades, and the fact that its proponents keep lying about this fact illustrates how indefensible it is. slate.com/news-and-polit…
Read 4 tweets
Mark Joseph Stern Profile picture
Mar 4
Judge Richard Myers, a Trump nominee, has GRANTED Madison Cawthorn's request for a preliminary injunction barring the North Carolina State Board of Elections from determining whether to disqualify Cawthorn from the 2022 ballot. I will have more info and hopefully an order soon.
Right now there is only a minute entry on the docket: "The court finds Plaintiff is likely to succeed on the merits of the case. The court grants Plaintiff's Motion for Preliminary Injunction ... A written order to follow." courtlistener.com/docket/6264187…
It appears this Trump judge accepted Cawthorn's theory that NO ONE can be disqualified from the ballot for engaging in insurrection because the 1872 Amnesty Act applies prospectively.


That is an extremely bizarre theory. slate.com/news-and-polit…
Read 5 tweets
Mark Joseph Stern Profile picture
Mar 4
The Supreme Court's first (but not last) opinion of the day is FBI v. Fazaga, which I've uploaded here because the website is buggy. s3.documentcloud.org/documents/2134…

The court unanimously holds that a provision of FISA does not displace state secrets privilege in an opinion by Alito.
Your REAL friends upload opinions to DocumentCloud when the SCOTUS website is bugging out. Just saying.
The Supreme Court upholds Dzhokhar Tsarnaev's death sentence in a 6–3 vote with all three liberals dissenting. This is the final opinion of the day. supremecourt.gov/opinions/21pdf…
Read 6 tweets
Mark Joseph Stern Profile picture
Mar 3
The Supreme Court's first opinion of the day is in US v. Zubaydah. Breyer holds that the state secrets privilege applies to Zubaydah's attempt to confirm the existence of a secret CIA detention facility in Poland. But the court is BADLY split.
supremecourt.gov/opinions/21pdf… Image
In a pretty extraordinary dissent, Gorsuch, joined by Sotomayor, says the government wants to dismiss this suit to conceal evidence that it "brutally" tortured Zubaydah (which is true).

"We should not let shame obscure our vision."
supremecourt.gov/opinions/21pdf… Image
Gorsuch: "There comes a point where we should not be ignorant as judges of what we know to be true as citizens. ... Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret." Image
Read 7 tweets
Mark Joseph Stern Profile picture
Mar 2
Anti-gay activists are piggybacking off the success of Republicans' crusade against critical race theory to impose gag rules on LGBTQ students and teachers.

They depict gay people as predators eager to indoctrinate and molest children—an age-old trope.
slate.com/news-and-polit…
On a recent podcast, Ben Shapiro repeatedly warned about gay adults' "predations" of children at school.

He didn't sound much different from the infamous 1961 gay panic film BOYS BEWARE, which was produced in part by—you guessed it—a school district.
Proponents of bills like Florida's "Don't Say Gay" gag rule say children are uniquely susceptible to LGBTQ indoctrination and must be shielded from openly gay people. That's what Oklahoma argued at SCOTUS when protecting its Don't Say Gay law ... in 1985. apps.oyez.org/player/#/burge…
Read 7 tweets

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