Open Thread: End of 2024-2025 Term, The Last Decisions
[NB: check the byline, thanks. /~Rayne]
We are finally at the end of this torturous SCOTUS term with six decisions expected today.
The most important in my opinion is Trump v. CASA, regarding the reach of a lower court order with regard to Trump’s ban on birthright citizenship.
Today’s decisions follow below and will be added to this post as released; any shadow docket decisions released today will follow in an update at the bottom of this post.
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Trump v. CASA Inc. — Justice Barrett wrote the 6-3 decision, with the court breaking along ideological lines. Justice Sotomayor wrote a dissent for her, Kagan, and Jackson; Jackson also wrote a dissent.
See: https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf
This case centered on district court decisions in Maryland, Massachusetts, and Washington blocking enforcement of Trump’s executive order banning birthright citizenship to persons born in the US depending on the status of their parents’ citizenship. SCOTUS in essence said district courts can only write orders narrowed to the case though birthright citizenship has been recognized since the passage of the Constitution’s Fourteenth Amendment in 1868.
Kennedy v. Braidwood Management — Justice Kavanaugh delivered this 6-3 decision; Thomas wrote the dissent which Alito and Gorsuch joined.
See: https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
This case arose from right-wing Christianist attacks on preventative health care under ACA like PrEP intended to prevent HIV infection; they claimed it infringed on their religious rights “by making them complicit in facilitating homosexual behavior, drug use, and sexual activity outside of marriage between one man and one woman.” (Never mind any first responders who might be on PrEP to protect themselves from incidental exposure.) The attack focused on the Appointment Clause attempting to sever the relationship between subordinate officers empaneled by HHS and policy execution; the case has had enormous repercussions affecting other preventative care under ACA.
Federal Communications Commission v. Consumers’ Research — Justice Kagan has the 6-3 decision; Gorsuch filed the dissent which Thomas and Alito joined.
See: https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf
summary TK
Mahmoud v. Taylor— Justice Alito wrote the 6-3 decision; Thomas wrote a concurring opinion. Justice Sotomayor filed the dissent, joined by Kagan and Jackson.
See: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf
summary TK
Free Speech Coalition Inc. v. Paxton — Justice Thomas has the 6-3 decision; Justice Kagan filed a dissent joined by Sotomayor and Jackson.
See: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
summary TK – though I must add RTFN:
Held: H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of
adults. Pp. 5–36.
Fuck any Free Speech rights minors may have, or the school district’s rights to determine PUBLIC SCHOOL curriculum because of right-wing Christianist freaks.
Louisiana v. Callais — This case was rescheduled for re-argument. Justice Thomas disagrees with this rescheduling and issued a dissent documenting his rationale.
See: https://www.supremecourt.gov/opinions/24pdf/24-109_l53m.pdf
summary TK
Medina v. Planned Parenthood South Atlantic — This case appears to have been pushed out to next week.
summary TK
I assume we’ll get any shadow docket cases next week as well, but I could be wrong; the last decisions weren’t all released today after all and I thought incorrectly they would be.