We are now 30 minutes away from the release of new opinions. We are still awaiting a number of blockbuster decisions, including Fischer (limits on the use of obstruction charges in J6 case); Loper Bright Enterprises (continued viability of the Chevron doctrine); Moody (censorship on the Internet); Moyle (abortion and state rights); Murthy (censorship in social media); Trump (presidential immunity); and Rahimi (gun rights)...
...Ok, buckle up boys and girls ... two-minute warning...
......We have our first opinion for today. It is Texas v. New Mexico and Colorado, a special master case.
supremecourt.gov/opinions/23pdf…
supremecourt.gov/opinions/23pdf…
...We have our second case. It is Department of State v. Munoz, by Justice Barrett on the denial of visas. ttps://www.supremecourt.gov/opinions/23pdf/23-334_e18f.pdf...
...We have our third case. It is Erlinger v. United Statesby Justice Gorsuch...
...This could have some interesting analogies to the Manhattan verdict. The court ruled that the Fifth and Sixth Amendments require a unanimous jury to make that insular determinations on the beyond a reasonable doubt standard. It is not directly on point, but one of the objections to the Manhattan trial was based on the instruction that the jury did not have to agree on exactly what happened, specifically which secondary crime was being concealed by the falsification of business records. That meant that there could be a 4-4-4 jury on the key issue of that secondary crime. jonathanturley.org/2024/06/03/buz…
...We have our next case. It is Smith v. Arizona and written by Justice Kagan on the right to confrontation of witnesses
supremecourt.gov/opinions/23pdf…
supremecourt.gov/opinions/23pdf…
...Once again, Erlinger is not directly on point. However, the government was arguing that a judge could use a preponderance standard to find that a defendant committed three felonies or serious offenses for the imposition of mandatory prison terms. The Court reaffirmed the need for a unanimous decision under the beyond a reasonable doubt standard on such elements. It amplifies the need for direct and unanimous findings of such key elements to a criminal case. Some of us objected that the Manhattan case followed a dangerously fluid approach to key elements.
...We have United States v. Rahimi. It is by the Chief Justice.
...Hunter Biden just lost a Hail Mary toss. The court voted 8-1 to uphold the case in allowing second amendment rights to be limited
...The near unanimous decision is allowing for temporary denials of the gun rights to protect others. Justice Thomas dissented.
supremecourt.gov/opinions/23pdf…
supremecourt.gov/opinions/23pdf…
...I am not sure who is more disappointed: Hunter Biden or Court critics. Once again, the Court has shattered the portrayal in the mainstream media that it is hopelessly ideologically divided.
...We ended with a bang. That was the last opinion for today...
• • •
Missing some Tweet in this thread? You can try to
force a refresh
