Off to #SCOTUS, where we have orders at 9:30a, followed by opinions in one or more of the outstanding 19 argued cases. Those cases include partisan and racial gerrymandering claims and Trump’s travel ban.
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Again, no action from
#SCOTUS on Arlene's Flowers — a case raising similar issues to Masterpiece — today, meaning the florist's petition remains pending for a later conference.Show this thread -
Here's the full set of
#SCOTUS orders from this morning: https://www.supremecourt.gov/orders/courtorders/061818zor_m6io.pdf …Show this thread -
Timbs v. Indiana, by the way, is an interesting new grant: "Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment." More at
@SCOTUSblog:http://www.scotusblog.com/case-files/cases/timbs-v-indiana/ …Show this thread -
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It's a THREE-box day here at
#SCOTUS! Opinions in 5 minutes.Show this thread -
First decision is in Rosales-Mireles v. US. Sotomayor writes the court's 7-2 decision in favor of a criminal defendant whose Guidelines sentencing range was miscalculated.
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Thomas, joined by Alito, dissented. Here's the opinion: https://www.supremecourt.gov/opinions/17pdf/16-9493_e0fi.pdf …
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Second decision is in Chavez-Meza v. US. Breyer writes the decision, in an unusual lineup, upholding the judge's sentencing decision below. Roberts, Thomas, Ginsburg, and Alito joined the majority. Kennedy, joined by Sotomayor and Kagan, dissented. Gorsuch did not participate.
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Here's the decision, which went in favor of the US position, argued at
#SCOTUS by Deputy AG Rod Rosenstein —> https://www.supremecourt.gov/opinions/17pdf/17-5639_8m59.pdf …Show this thread -
Next: Lozman v. City of Riviera Beach, Florida. Kennedy has the court's decision, holding that the existence of probable cause does NOT bar a First Amendment retaliation claim in this case. Thomas was the only justice to dissent.
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Here's the Lozman decision: https://www.supremecourt.gov/opinions/17pdf/17-21_p8k0.pdf …
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Breaking:
#SCOTUS holds that the challengers lacked standing in the Wisconsin partisan gerrymandering case, Gill v. Whitford, as presented thus far. Roberts wrote the majority decision, remanding the case. No justices dissented; there were multiple concurrences.Show this thread -
Here's the opinion in Gill: https://www.supremecourt.gov/opinions/17pdf/16-1161_dc8f.pdf …
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We're still waiting on at least on more decision, and, per normal practice, it also would be a decision from the Chief Justice (but, they've gone out of order a couple times this term, when one decision should be released first).
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Final decision of the day is the Maryland partisan gerrymandering case. The court, in a per curiam decision, found the challengers did not meet the standards for
#SCOTUS to reverse the district ct decision against issuing a preliminary injunction. They did not rule on the merits.Show this thread -
In short,
#SCOTUS punted in both cases on the merits issues of whether partisan gerrymandering claims can be made and, if so, what standards courts should use in evaluating them.Show this thread -
Here's the Benisek
#SCOTUS opinion: https://www.supremecourt.gov/opinions/17pdf/17-333_b97c.pdf …Show this thread -
NEXT
#SCOTUS DECISION DAY: Thursday. Fourteen cases remain outstanding.Show this thread -
Regarding the Chavez-Meza decision, DOJ spokesperson Kerri Kupec says in a statement: "Deputy Attorney General Rod Rosenstein was honored to argue before the Supreme Court, and we are pleased with the decision."
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MY
#SCOTUS REPORT —> The Supreme Court Just Sidestepped Questions About How Courts Can Decide If Redistricting Is Too Partisanhttps://www.buzzfeed.com/chrisgeidner/supreme-court-gerrymandering-sidestep?utm_term=.bnBLqOM2Y#.eoXOG07Jy …Show this thread -
ACLU's
@dale_e_ho on today —> "The Supreme Court missed an opportunity today to lay down a firm marker as to when partisan gerrymandering is so extreme that it violates the constitutional rights of voters. But the court permitted lawsuits against unfair maps to continue."Show this thread -
Here's
@rickhasen on today's redistricting rulings —>https://twitter.com/rickhasen/status/1008770726361354242 …Show this thread -
Note: The Arlene's Flowers cert petition has been re-listed for this Thursday's conference (as expected).
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In advance of Thursday, here's where things stand on what's left from
#SCOTUS still this term. 14 cases, including racial gerrymandering, travel ban, Carpenter (what's happening there?!), public sector unions, & crisis pregnancy center regs.@SCOTUSblog: http://www.scotusblog.com/statistics/ pic.twitter.com/Y84CZF2ycl
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End of conversation
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