Thread by @KimberlyRobinsn

Ok everyone. Day 2 of #SCOTUS opinions for the week. Those drop at 10, so let's do some #SCOTUSstats.

There were 63 argued cases this term. So far 3 have been dismissed, 47 have been decided, and we've got 13 more to go.

The oldest outstanding case is the Second Amendment case, NY State Rifle and Pistol v. Bruen, which was argued back in November. Two cases are pending from December (Becerra v Empire Health & Dobbs). And just one from Jan, the First Step Act case Concepcion v. US.

In the 47 cases decided so far, #SCOTUS has affirmed in just 11, reversed or vacated in 36.

That's made for some pretty poor circuit records:
CA1=0-4
CA2=0-2
CA3=0-1
CA4=1-1
CA5=1-6
CA6=1-6
CA7=1-1
CA8=0-2
CA9=0-7
CA10=1-1
CA11=3-0
Fed=1-0
DC=1-1
State=0-2
Orig=1-0
DistCt=0-2

We've had 16 unanimous rulings, nine 8-1 (!), three 7-2, fourteen 6-3, and five 5-4.

Of the 6-3 cases, 9 have been along ideological lines.

(That doesn't take into account the shadow docket, which has had several 6-3 grants over dissent from the Democratic-appointed Justices.)

Sotomayor has overtaken Thomas as the most prolific Justices, with 19 opinions (6 majority, 5 concur, 8 dissents). Thomas at 18 (6 majority, 4 concur, 8 dissents.)

Roberts has the fewest at 8 (6 majority, 1 concur, 1 dissent). Alito, Kavanaugh, Barrett all have 9.

Roberts and Kavanaugh have been in the majority in argued cases the most this term at 98%. Roberts has been in dissent more often on shadow docket cases, tho.

Sotomayor in the majority the least at 62%

The Justices have taken an average of 113 days from argument to decision.

The longest is 198 days (Brown v Davenport).

The shortest is 6 days (the vaccine mandate cases).

It's a tight race for the fastest Justice: Barrett in the lead at 100 days on average, Sotomayor at 101, Breyer at 106.

Kavanaugh seemingly out of the race at 162 days.

1st #SCOTUS opinion GOP request to intervene to defend North Carolina’s voter ID law. No 21-248 Berger v. North Carolina NAACP. Background: news.bloomberglaw.com/us-law-week/ju…

Justice Gorsuch has the ruling for a 8-1 #SCOTUS in No 21-248 Berger v. North Carolina NAACP. CA4 is reversed.

In Berger v. NAACP, #SCOTUS says North Carolina's GOP legislative leaders can intervene to defend the state's voter id law.

Sotomayor is the lone dissent.

Republicans Can Defend North Carolina Voter Law, Justices Say news.bloomberglaw.com/us-law-week/re…

2nd #SCOTUS opinion method-of-execution challenge, No 21-439 Nance v. Ward. news.bloomberglaw.com/us-law-week/ka…

Justice Kagan has the ruling for a 5-4 #SCOTUS in No 21-439 Nance v. Ward. CA11 is reversed, remanded.

In Nance, #SCOTUS says prisoners can still bring method-of-execution claims under Section 1983, even where state law does not allow for the prisoner's alternative method.

Chief Justice Roberts and Justice Kavanaugh join Breyer, Sotomayor, and Kagan in Nance.

Thomas, Alito, Gorsuch, Barrett dissent.

Kagan's opinion for the Court warns about dilatory tactics:

"In recognizing that §1983 is a good vehicle for a claim like Nance’s, we do not for a moment countenance 'last-minute' claims relied on to forestall an execution."

Barrett's dissent argues that habeas--not 1983 claims--are the appropriate way to bring these claims.

"I understand the impulse to find a way out of habeas and into §1983," Barrett says, noting that often the second-or-successive bar will defeat those habeas claims.

3rd #SCOTUS opinion in another 1983 case, this one No 21-499 Vega v. Tekoh, asking if failure to provide Miranda warnings can give rise to Section 1983 suit. Background: news.bloomberglaw.com/us-law-week/mi…

Justice Alito has the ruling for a 6-3 #SCOTUS in No 21-499 Vega v. Tekoh. CA9 is reversed, remanded.

This time the Justices say Section 1983 claims aren't available for a Miranda violation.

The Justices split along ideological lines in Vega.

In Vega, #SCOTUS says Miranda is a "prophylactic" rule and isn't itself a violation of the Fifth Amendment right to self-incrimination that can give rise to a 1983 claim.

"Today, the Court strips individuals of the ability to seek
a remedy for violations of the right recognized in Miranda," Kagan says in dissent.

We've got at least one more #SCOTUS opinion today, which will come from either Alito, Breyer, Thomas, Roberts, or per curium.

(So we could still get guns or abortion.)

BREAKING: Last #SCOTUS opinion in Second Amendment case challenging New York concealed carry restrictions. No 20-843 New York State Rifle and Pistol Assn v. Bruen. Background: news.bloomberglaw.com/us-law-week/su…

#SCOTUS expands Second Amendment, saying says Constitution protects an individual's right to carry a handgun outside of the home for self-protection.

The case breaks 6-3 along ideological lines, with Thomas writing for the majority.

#SCOTUS further says New York's concealed carry licensing regime (requiring a "special need") runs afoul of the Second Amendment.

Thomas says governments can restrict guns in "sensitive places" but says "expanding the category of sensitive places simply to all places of public congregation that are not isolated from law enforcement defines the category of sensitive places far too broadly."

Breyer's dissent starts: "In 2020, 45,222 Americans were killed by firearms. Since the start of this year (2022), there have been 277 reported mass shootings—an average of more than one per day."

Breyer says gun statistics "illustrate that the question of firearm regulation presents a complex problem—one that should be solved by legislatures rather than courts."