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Jun 24 • 7 tweets • 4 min read
The Supreme Court's second decision of the day is Dobbs. Roe v. Wade is overruled. supremecourt.gov/opinions/21pdf…
There is so much to grieve today, but at this moment I am mourning for the countless Americans who will be killed by the Supreme Court's decision, the mothers who will be forced into deeper poverty, the miscarriage patients investigated and denied care.
slate.com/news-and-polit… There is a strong correlation between states with restrictio
Clarence Thomas, concurring, explicitly calls on the Supreme Court to overrule Griswold (right to contraception), Lawrence (right to same-sex intimacy), and Obergefell (right to same-sex marriage). supremecourt.gov/opinions/21pdf…
The dissenters scorn Alito's declaration that today's decision does not place other precedents "under threat."

"Either the majority does not really believe in its own reasoning. Or if it does, all rights that have no history stretching back to the mid19th century are insecure." to rights of same-sex intimacy and marriage. See Lawrence v.
The dissenters tear into Kavanaugh's concurrence "appropriating the rhetoric of even-handedness" by claiming "neutrality" on abortion.

"His position just is what it is: A brook-no-compromise refusal to recognize a woman’s right to choose, from the first day of a pregnancy." His idea is that neutrality lies in giving the abortion issuJUSTICE KAVANAUGH cannot obscure that point by appropriating
Kavanaugh preemptively declares that states can't prohibit their residents from traveling elsewhere for an abortion due to the "constitutional right to interstate travel"—which, like abortion, is not mentioned explicitly in the text of the Constitution. supremecourt.gov/opinions/21pdf…
Pausing here to recall Susan Collins' speech announcing that Brett Kavanaugh would NEVER overrule Roe v. Wade because he believes that precedent “not something to be trimmed, narrowed, discarded, or overlooked.”
slate.com/news-and-polit… Susan Collins and Brett Kavanaugh

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Mark Joseph Stern Profile picture
Jun 25
Douthat's prediction is delusional. There is a very high correlation between states that now ban abortion and states with the highest maternal and infant mortality rates. These states had plenty of time to pass pro-parent, pro-child policies. They refused. nytimes.com/2022/06/25/opi… "states in the Deep So...
As the dissenters noted, Mississippi is a hellish place to be pregnant and give birth if you are not wealthy. It has the highest infant mortality rate in the country, and carrying a pregnancy to term is 75 times more dangerous than terminating it. supremecourt.gov/opinions/21pdf… Mississippi’s own record il...and some of the highest rat...
Even though Mississippi has horrifically high rates of maternal mortality, Republican lawmakers *refused* federal funds to provide mothers with a year of Medicaid coverage after giving birth. So new moms get kicked off after Medicaid after two months. slate.com/news-and-polit… For newborns and their pare...
Read 7 tweets
Mark Joseph Stern Profile picture
Jun 24
The Supreme Court's first decision of the day is Becerra v. Empire Health Foundation. There will be more opinions. supremecourt.gov/opinions/21pdf…
The breakdown in Empire Health is very unusual: Kagan wrote the majority opinion, joined by Breyer, Sotomayor, Thomas, and Barrett. The remaining conservatives dissented.

This case involves Medicare reimbursement rates. supremecourt.gov/opinions/21pdf… Held: In calculating the Medicare fraction, individuals “e
Kagan, writing for the majority, upholds HHS' formula providing higher reimbursement rates to a hospital that serves a low-income patient—even when Medicare does not pay for part or all of the patient's hospital stay. I think this is the right decision.
supremecourt.gov/opinions/21pdf…
Read 4 tweets
Mark Joseph Stern Profile picture
Jun 23
A few aspects of Clarence Thomas' opinion worth dwelling upon.

First, his new test stacks the deck against gun control. Modern regulations must have a historical analogue, but contemporary firearms are protected even if they didn't exist in 1791 or 1868. slate.com/news-and-polit… In other words, courts may no longer rely on empirical evide
Second, and relatedly, historical analogues often won't exist, because the entire country has changed immensely. The Framers could not imagine subways; it's impossible to know what they'd think about guns on subways. Thomas says: too damn bad. slate.com/news-and-polit… It is difficult to overstate the consequences of Thomas’ d
Third, Thomas is not a historian (as real historians will gladly remind you). Neither are most federal judges. But now every federal judge has an obligation to canvass American history in search of historical analogues to modern gun regulations. It's going to be a mess.
Read 7 tweets
Mark Joseph Stern Profile picture
Jun 23
The Supreme Court's first decision of the day is Berger v. North Carolina NAACP. In an 8–1 opinion by Gorsuch, the court holds that North Carolina's legislative leaders can intervene in federal litigation to defend state voting laws. Sotomayor dissents. supremecourt.gov/opinions/21pdf…
North Carolina's Democratic attorney general is already defending the state's voter ID law against a legal challenge. But Republican leaders of the legislature want to defend it, too, because they think the attorney general won't do a good job. Today, SCOTUS says they can.
In his opinion for the court, Gorsuch suggests that North Carolina Republicans are correct to accuse the Democratic attorney general of failing to vigorously defend the state's voter ID law.

Sotomayor is displeased with Gorsuch. supremecourt.gov/opinions/21pdf… When an individual or entity moves to intervene in a pending
Read 21 tweets
Mark Joseph Stern Profile picture
Jun 21
The Supreme Court's first decision of the day is Marietta Memorial Hospital v. DaVita. In a 7–2 opinion by Kavanaugh, the court holds that group health plan can limit outpatient dialysis benefits for patients with late-stage renal disease. supremecourt.gov/opinions/21pdf… Image
In dissent, Kagan, joined by Sotomayor, says the majority crafts "a massive and inexplicable workaround" that lets group health plans single out and discriminate against patients with late-stage renal disease.

Breyer joins the majority. supremecourt.gov/opinions/21pdf… Image
An interesting and helpful passage from Kagan explaining how reducing benefits for outpatient dialysis obviously targets patients with end stage renal disease because they are essentially the only people receiving dialysis. Citing Lawrence v. Texas! supremecourt.gov/opinions/21pdf… common sense suggests that...
Read 17 tweets
Mark Joseph Stern Profile picture
Jun 21
The Supreme Court takes up two new relatively small cases in its orders list this morning: U.S., ex rel. Polansky v. Executive Health Resources and Bittner v. U.S. supremecourt.gov/orders/courtor… Polansky Issue: Whether the government has authority to dismBittner Issue: Whether a “violation” under the Bank Secr
Thomas, joined by Alito, dissents from the court's refusal to take up Shoop v. Cassano, a case in which the 6th Circuit granted habeas relief to a defendant who was denied the right to represent himself. supremecourt.gov/orders/courtor… In 1997, respondent August Cassano was serving a life senten
Sorry, SCOTUS also has a new original jurisdiction case, involving New Jersey's effort to leave its Waterfront Commission Compact with New York (lol). scotusblog.com/case-files/cas… NY v. NJ Issue: Whether the Supreme Court should issue decla
Read 5 tweets

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