SCOTUS Catch-all |

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p5mmr9 said:
So now we wait for an actual birthright citizenship case to make its way to the court?
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The conservatives want no part of that. I'd say there's a 2% chance they actually rule on the merits before Trump is out of office.
 
From Jackson's dissent: "The Court’s decision to permit the Executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law."

Prophet.
 
Almost an hour in and they're still on the first case. It's a big one, but this is going to take a while.
 
Any litigators worth your salt, buckle up. A chart of the volume of con law litigation over the next month in districts across the country should resemble a 14-year old boy at a sorority party.
 
From Sotomayor's dissent in the first case:

“Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship. The majority holds that, absent cumbersome class-action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief.”

Still waiting for our constitution-loving conservatives to join this conversation.
 
The HHS decision also has implications for DOGE, I think. The conservatives on the court are basically saying the president can appoint people like Musk to do whatever they want, and it's only reviewable at the Cabinet level. No judicial oversight. Which means, one more step toward unitary executive.
 
Next opinion is a bone for the libs. Looks like they're upholding a very old fed program that provides internet and broadband to rural communities. While the policy is good, this could be another extension of executive power.

I'm honestly not sure why we still have a legislature at this point.
 
Sorry if this is annoying, btw. I just have some free time until 11:30 and I'm tracking some legal blogs.
 
Mahmoud is next. The conservatives find that parents should have the ability to opt their kids out of public school activities they find offensive or against their religion. No shock based on prior terms, but I literally cannot image how anyone could have the patience to be a public school teacher these days. They get no support whatsoever from the federal government.
 
Just a quick note between opinions -- Ram and calla should be popping champagne for the rest of the day. We're not done yet, but today has already shown beyond any question that on the important issues, the conservative justices will fall in line. And that includes Roberts and Barrett.
 
lawtig02 said:
Just a quick note between opinions -- Ram and calla should be popping champagne for the rest of the day. We're not done yet, but today has already shown beyond any question that on the important issues, the conservative justices will fall in line. And that includes Roberts and Barrett.
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Was this really in doubt? We are counting on Roberts and Barrett to be swing votes. It's laughable.
 
lawtig02 said:
Any litigators worth your salt, buckle up. A chart of the volume of con law litigation over the next month in districts across the country should resemble a 14-year old boy at a sorority party.
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Won’t it just mean that all the cases get filed as class actions going forward? Does it really change anything?
 
Two cases left, one voting rights and one sort of 1A. Just to be clear, the court is punting on birthright citizenship. The good news (I guess) is Trump's EO is unlikely to be enforced in the next 3.5 years. The bad news is this court is punting on one of the easiest and most obvious constitutional questions it's been presented with in the last 20 years. Other than Trump v. US, of course, which essentially invalidated Article I.
 
Calheel said:
Won’t it just mean that all the cases get filed as class actions going forward? Does it really change anything?
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That's the only way you can get a national injunction. But class actions take forever, and you can get a district-level injunction almost immediately.
 
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