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Ed Whelan

@EdWhelanEPPC

Jun 30

Court in NRSC v. FEC overrules what remains of 2001 ruling (Colorado II):
Ultimately, the First Amendment question in this case boils down to whether FECA’s limits on political-party coordinated expenditures are permissible in order to prevent circumvention of the base limits on contributions to candidates through earmarked contributions to parties. In Colorado II, this Court said that they were. But Colorado II applied deferential scrutiny to Congress’s politicalparty coordinated-expenditure limits. Since Colorado II, however, the Court has emphasized that under the closely drawn test, judicial review must be “rigorous.” Under that more demanding standard, the Court agrees with petitioners that the political-party coordinated-expenditure limits are not proportionate, necessary, and narrowly tailored given the other less-speech-restrictive tools available to the Government to prevent circumvention—in particular, earmarking and disclosure laws.

Ruling on birthright citizenship. Chief: Children born in the United States to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause. 5-4.

Here are the opinions: supremecourt.gov/opinions/25pdf…

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Ed Whelan

@EdWhelanEPPC

Jun 30

Rulings in sports cases. Kavanaugh majority opinion. 6-3. Held:
1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX.
2. West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment by maintaining female sports teams for biological females.

Kavanaugh majority: Under this Court’s decision in Skrmetti, the challenged laws do not classify based on gender identity or transgender status but instead on the basis of biological sex. The classification at issue readily satisfies rational basis review or intermediate scrutiny.

Consolidated opinion for the two sports cases. supremecourt.gov/opinions/25pdf…

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Ed Whelan

@EdWhelanEPPC

Jun 29

First #SCOTUS ruling today, Watson v. Republican National Committee.
ACB majority for herself, Chief, and 3 libs. Held: The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter; nothing in the federal election-day statutes requires ballots to be received by election day.

Here's Watson ruling: supremecourt.gov/opinions/25pdf…

Alito dissent in Watson, joined by Thomas, Gorsuch, Kavanaugh (in large part).

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Ed Whelan

@EdWhelanEPPC

Jun 25

1st #SCOTUS ruling today, Monsanto v. Durnell.
Kavanaugh majority, 7-2, KBJ joined by Gorsuch in dissent. Held: Federal Insecticide, Fungicide, and Rodenticide Act expressly preempts Durnell’s state-law failure-to-warn claim because the claim would require Monsanto to add a cancer warning to Roundup’s label.

Monsanto opinion here: supremecourt.gov/opinions/25pdf…

2nd #SCOTUS ruling today, Wolford v. Lopez.
Alito majority, 6-3, libs in dissent. Held: Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments.

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Ed Whelan

@EdWhelanEPPC

Jun 23

4th (but not last) ruling, Pung v. Isabella County. Alito majority, unanimous on bottom line (only CT doesn't fully join). Held: 1. The proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypothetical fair market value, at least when the sale is fairly conducted in light of the country’s history of tax sales. 2. The Court rejects Pung’s argument that the County violated the Eighth Amendment Excessive Fines Clause by failing to compensate him for his property’s fair market value.

Pung ruling: supremecourt.gov/opinions/25pdf…

5th and last, Blanche v. Lau. Held: Held: The Immigration and Nationality Act does not require a border officer to have clear and convincing evidence that a lawful permanent resident has committed a crime involving moral turpitude before deeming the resident an applicant for admission. 6-3, libs in dissent.

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Ed Whelan

@EdWhelanEPPC

Jun 23

1st #SCOTUS ruling today, Cisco Systems, Inc. v. Doe. ACB majority, 6-3. Held: 1. Courts may not create new causes of action for violations of international norms under the Alien Tort Statute. 2. The Torture Victim Protection Act of 1991, which contains an express cause of action against someone who “subjects” another to torture, does not provide for aiding-and-abetting liability.

Here's opinion in Cisco v. Doe. supremecourt.gov/opinions/25pdf…

Cisco, argued in April, is ACB's 6th majority opinion of the term. She'll likely end with 6 or 7.

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