Open Thread: SCOTUS Decisions, Friday Edition
[NB: check the byline, thanks. /~Rayne]
We’re still in the end-of-term desk clearing zone at the Supreme Court. SCOTUS released a whopping six decisions today.
Decisions released:
FDA v. R.J. Reynolds Vapor Co.
Justice Barrett lead the 7-2 decision.
See: https://www.supremecourt.gov/opinions/24pdf/23-1187_olp1.pdf
Esteras v. United States
Justice Barrett also lead this 7-2 decision with Justice Alito and Gorsuch dissenting.
See: https://www.supremecourt.gov/opinions/24pdf/23-7483_6k4c.pdf
McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation
Justice Kavanaugh wrote the 6-3 decision.
See: https://www.supremecourt.gov/opinions/24pdf/23-1226_1a72.pdf
Diamond Alternative Energy LLC v. Environmental Protection Agency
Surprisingly, Justice Kavanaugh wrote this 7-2 decision and not Thomas who wrote Wednesday’s two decisions related to the EPA.
See: https://www.supremecourt.gov/opinions/24pdf/24-7_8m58.pdf
Stanley v. City of Sanford, Florida
Justice Gorsuch lead this 7-2 decision, although concurrence and dissent are a bit of a mish-mash:
GORSUCH, J., delivered the opinion of the Court with respect to Parts I and II, in which ROBERTS, C. J., and THOMAS, ALITO, KAGAN, KAVANAUGH, and BARRETT, JJ., joined, and an opinion with respect to Part III, in which ALITO, SOTOMAYOR, and KAGAN, JJ., joined. THOMAS, J., filed an opinion concurring in part and concurring in the judgment, in which BARRETT, J., joined. SOTOMAYOR, J., filed an opinion concurring in part and dissenting in part. JACKSON, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined as to Parts III and IV, except for n. 12.
See: https://www.supremecourt.gov/opinions/24pdf/23-997_6579.pdf — you might want to read this one closely as it pertains to disability rights and nearly all of us at some point in our lives has been employed and been/will be disabled.
Fuld v. Palestine Liberation Organization
Chief Justice Roberts wrote the opinion.
See: https://www.supremecourt.gov/opinions/24pdf/24-20_f2bh.pdf
Of these six decisions I note that Justice Kagan wrote one dissent joined by Justices Sotomayor and Jackson in the matter of McLaughlin Chiropractic. She’s otherwise joined the conservatives. Hmm.
In my opinion, the big decision we are waiting for with the end of the term is Trump v. CASA Inc. regarding nationwide injunctions blocking executive orders, in this particular case related to birthright citizenship.
That this decision has not already been released disturbs me; it feels like Roberts is holding it off until SCOTUS can make a clean getaway at the very end of the term next week. But is Roberts preparing to flee the wrath of Trump and his Wormtongue Miller, or the wrath of the people?
Re your last paragraph . . .
It might also be the case that there are two draft opinions being written, and both are trying to capture the 5th vote they need to make theirs a majority opinion and not a dissent. Drafts fly back and forth, as they try to woo that fifth vote by tinkering with language and scope. “If I change it like this, would you sign on?”
The key to Roberts is WWCCD, a variation on WWJD. What Would Chamber of Commerce Do. So, for the CASA case, I’d guess he’s going to be snarky as only a mean-girl-wrong-gender can be but uphold the nationwide injunction, lest the Chamber of Commerce see their employees have to start filing lawsuits in courtrooms instead of laboring for business owners’ profits.
We might see some indication of the Fourth Circuit’s decision in National Association of Immigration Judges v. Owen, where the panel said that Trump’s intentional sabotage of the Merit Systems Protection Board (MSPB) system meant that judges should base their rulings on what the MSPB would do IF IT WERE NOT SABOTAGED. It’s a very innovative approach but one that is likely to head to SCOTUS next term.
Kagan’s an interesting one. KBJ and Sotomayor followed the “traditional” route of being judges at various levels, having to deal with all the lived experience of forming alliances, finding their rulings set aside (or supported) by higher courts, etc. Kagan was an academic for years and then the government’s lawyer for one (two?). I’ve had enough conversations with career practitioners vs career academics to know those differences pop up in so many obvious and subtle ways. I’m sure there are alternate universes out there where Kagan is a bit of a swing vote for a number of 5-4 cases.
Same with Barrett. But it cuts both ways, since the academics are likely to lose track of practical consequences while career political judges waffle between building coalitions and ruthlessly exploiting minor advantages in alliances.
Re: your observation about Kagan, maybe this Mark Joseph Stern idea makes sense of it:
https://bsky.app/profile/mjsdc.bsky.social/post/3ls2bkfzgjk2d
June 20, 2025 at 10:42 AM
Re: Diamond Alt…:
The Corporate Court In a stunning critique, Ketanji Brown Jackson nails the Supreme Court’s egregious big business bias. https://slate.com/news-and-politics/2025/06/supreme-court-corporate-bias-ketanji-brown-jackson.html Mark Joseph Stern June 20, 2025
The end of the essay:
EPA = Economic Protection Agency
With MAGA it’s always about money and/or power.
SCOTUS has lost public confidence. https://www.reuters.com/world/us/americans-dont-see-supreme-court-politically-neutral-reutersipsos-poll-finds-2025-06-15/
No sane watcher thinks the anti-democracy six are neutral judges. They are also hateful and incompetent at even pretending to follow our historical jurisprudence.
I’m ready to ignore rulings that favor corporations (and power and money) over people and precedent.
Re: Stanley:
LOL…Jackson’s solo footnote 12 is getting a lot of attention:
https://bsky.app/profile/evanbernick.bsky.social/post/3ls2axmrwhk23
June 20, 2025 at 10:32 AM
Paul Waldman’s synopsis of Jackson’s footnote 12:
https://bsky.app/profile/paulwaldman.bsky.social/post/3ls2clx3xjs2f
June 20, 2025 at 11:01 AM
Someone finally said it in print. Hurray for KBJ!
I am going Open Thread.
I am sick to death of this TACO Krasnov.
We need Bad to the Bone.
For Joe Biden:
https://www.youtube.com/watch?v=IyhJ69mD7xI
The cigar/mic drop at the end nails it.
Later.
Mahmoud KHALIL is finally back with his family!
https://bsky.app/profile/acyn.bsky.social/post/3ls5h44vvgc25
June 21, 2025 at 5:00 PM
https://bsky.app/profile/merovingians.bsky.social/post/3ls5f7npfxk2b
June 21, 2025 at 4:27 PM
THOSE SCOTUS FVCKERS
Vladeck:
https://bsky.app/profile/stevevladeck.bsky.social/post/3lscgl7cl222k
June 23, 2025 at 4:34 PM
Geidner:
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lscgu5svr22e
June 23, 2025 at 4:39 PM
Reichlin-Melnick:
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lscgpkfpks2e
June 23, 2025 at 4:36 PM
This whole Reichlin-Melnick THREAD is really worth a read.
Vladeck and Geidner wrote articles linked in my comment below.
There’s a comment in the pokey here re these two THREADS:
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lscgu5svr22e
June 23, 2025 at 4:39 PM
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lscgpkfpks2e
June 23, 2025 at 4:36 PM
Could you do me a favor and confirm that comment was freed? I don’t see any comment in pending as of 8:30 pm ET. Thanks!
Yes, it’s there, Rayne. Thanks so much and sorry for the extra work.
The Court’s Disastrous Ruling in the Third-Country Removal Case The majority did not just greenlight an especially odious immigration policy without any explanation; it did so in a case in which the government defied the district court—twice—with no consequence. https://www.stevevladeck.com/p/161-the-courts-disastrous-ruling Steve Vladeck Jun 23, 2025
Breaking: SCOTUS allows Trump admin to deport people to random countries with no notice Justice Sotomayor called the order a “gross … abuse” of the court’s authority. Also: Law Dork in the media. https://www.lawdork.com/p/breaking-scotus-allows-trump-admin Chris Geidner Jun 23, 2025
Chris Geidner:
https://bsky.app/profile/chrisgeidner.bsky.social/post/3lsderjybck2s
June 24, 2025 at 1:34 AM
Evan Bernick:
https://bsky.app/profile/evanbernick.bsky.social/post/3lscvg7h4e225
June 23, 2025 at 8:59 PM
Marcy just RePosted this account:
https://bsky.app/profile/gbrockell.bsky.social/post/3lseajqvlpk2y
June 24, 2025 at 9:47 AM
Links to:
https://bsky.app/profile/jjindc.bsky.social/post/3lsdzzljyec2d
June 24, 2025 at 7:54 AM
Speaking of Senegal…this happened the other day:
https://bsky.app/profile/nanjala.bsky.social/post/3lrxfv2domk25
June 19, 2025 at 7:22 AM
And, speaking of TRUMP DOJ VIOLATING COURT ORDERS:
Marcy’s also commenting about this NYT article [I’ll try to get a gift link]:
Justice Dept. Leader Suggested Violating Court Orders, Whistle-Blower Says
Emil Bove III, a Trump judicial nominee, voiced his intent to disobey court orders as others stonewalled and misled judges, according to a complaint. https://www.nytimes.com/2025/06/24/us/politics/justice-department-emil-bove-trump-deportations-reuveni.html Devlin Barrett June 24, 2025 Updated 9:29 a.m. ET
Here’s their link to the document [I don’t know if this will work w/o a gift link]:
https://static01.nyt.com/newsgraphics/documenttools/e285ec96adf8d443/5868d536-full.pdf
There should be NO Presumption of Regularity for ANY of these crooks.
Mark Joseph Stern:
https://bsky.app/profile/mjsdc.bsky.social/post/3lseawwyncc2f
June 24, 2025 at 9:58 AM
RELATED: this post by Marcy and my comment, here:
emptywheel April 8, 2025:
Supreme Court Starts Cleaning Up Kristi Noem’s Sloppy Messes
https://www.emptywheel.net/2025/04/08/supreme-court-starts-cleaning-up-kristi-noems-sloppy-messes/#comment-1093974
Also, this Post and this comment thread:
The Four Kinds of Fuck-Ups Kristi Noem Committed on March 15 https://www.emptywheel.net/2025/04/01/the-three-kinds-of-fuck-ups-kristi-noem-committed-on-march-15/#comment-1093277
[noted: the difference in number between title and link…lol!]
Also related comment thread [including “Related aside, Reuveni has been FIRED”]:
https://www.emptywheel.net/2025/04/14/what-trump-wants-from-the-nayib-bukele-presser/#comment-1094499
Here’s an informative Aaron Reichlin-Melnick THREAD re: this NYT article:
[Still haven’t found a Gift Link]
https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lseapwpak22i
June 24, 2025 at 9:54 AM
Emil BOVE has a hearing tomorrow
for nomination to Appeals Court in the Third District.
Marcy about this Reuveni WB letter:
https://bsky.app/profile/emptywheel.bsky.social/post/3lsglv3wf7k2k
June 25, 2025 at 8:19 AM
I think the answer to Marcy’s question is a “YES“.
Adam Bonica [via Anna Bower]:
https://bsky.app/profile/adambonica.bsky.social/post/3lsgnpr3tuk2z
June 25, 2025 at 8:52 AM
I sometimes wonder if the lower courts are getting tired of this trend,
and if so, what they might [be able to] do about it.
Marcy is Live-posting BOVE’s Hearing [Thank you!]:
https://bsky.app/profile/emptywheel.bsky.social/post/3lsgsk7c5gs2t
June 25, 2025 at 10:19 AM
And she’s got a new post up…I’m going there:
https://www.emptywheel.net/2025/06/25/dojs-past-lies-continue-to-backfire/