November 28, 2023 / by 


Open Thread: SCOTUS End of Term Releases

This is an open thread focused on Supreme Court orders and decisions released this week, the final week of the court’s term.

Check these Twitter accounts for more updates and analysis:

SCOTUS updates: – Updates

SCOTUSblog: – Analysis

Steve Vladeck: – Dedicated thread with updates and analysis

Chris Geidner: – Dedicated thread with updates and analysis

If you want to suggest any other Twitter accounts to follow for SCOTUS news and analysis, please share in comments.

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Any updates will appear at the bottom of this post; please bear with any content burps as this page may be edited as the day progresses.

All comments related to the House January 6 Committee hearings should be shared in those dedicated threads, not here

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Ardoin, LA Secretary of State, et al. v. Robinson, Press, et al.

Certiorari Granted

Stay granted 6-3 by SCOTUS, essentially fucking over Black voters in Louisiana for this mid-term election by way of the shadow docket.

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Oklahoma, Petitioner v. Victor Manuel Castro-Huerta

5-4 decision, Kavanaugh majority opinion, Gorsuch with dissent

Blackhawk’s next tweet encapsulates much of the problem with this particular SCOTUS iteration:

This court is not legitimate because it fails to recognize previous SCOTUS decisions, undermines fundamental human rights, and tears at democracy, while re-colonizing Native American nations without the express approval of U.S. legislature, or the re-colonized by nation, or by bodily autonomy.

It is a superlegislature supplanting the role of the legislative branch while frustrating the executive branch’s ability to fulfill functions outlined in legislation.

Given what it has already done this term, what are the odds this same court further destroys the executive branch’s long-recognized functions in its last decisions on West Virginia v. EPA and Biden v. Texas this term?

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Le Roy Torres, Petitioner v. Texas Department of Public Safety

5-4 decision, Breyer majority opinion, Kagan concurring, Thomas dissent

SCOTUS finds in favor of U.S. veterans’ rights. Texas agreed upon becoming a state that its sovereignty was subordinate to federal policy; this will tweak the noses of Texas secessionists.

The disturbing part of this decision:

It’s as if the four dissenters don’t realize they’re arguing against their own legitimacy. If federal law isn’t supreme, why is their court supreme?

Or is that the point, they’re making yet another argument for states’ rights?

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