It's a one-box day for decisions at #SCOTUS. We just got the 5-minute buzzer, so decisions soon.
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FYI: I'll be live-tweeting decisions, then running upstairs for the Trinity Lutheran arguments.
#SCOTUS -
First
#SCOTUS decision is Nelson v. Colorado, Ginsburg reverses the Colorado Supreme Court. -
Alito concurs in judgment, Thomas dissents, and Gorsuch does not participate. So, an 8-1 decision against the state.
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Here's the
#SCOTUS decision in Nelson v. Colorado. https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf … -
#SCOTUS held that Colorado's "Exoneration Act" scheme for refunds does not comply with the 14th Am due process guarantee. -
Correction: 7-1, not 8-1, b/c Gorsuch did not participate. Me and morning math = No good.
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Final decision is Manrique v. US, opinion by Thomas, affirming the 11th Circuit. Decision is 6-2, Ginsburg and Sotomayor dissented.
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Gorsuch did not participate. Here is the decision: https://www.supremecourt.gov/opinions/16pdf/15-7250_3eb4.pdf …
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I'm up to the courtroom. TTFN.
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First take out of Trinity Lutheran: With Kagan calling the state's program a "burden on a constitutional right," the church is looking good.
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After Kagan went there, Sotomayor — critical of the church's argument — immediately raised a question about whether there's still adversity.
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Then, shortly thereafter, with arguments almost done, Gorsuch weighed in for the first time, asking a follow-up Q on Kagan's line of Qs.
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After Sotomayor raised the adversity question, the Chief quickly followed up by asking whether voluntary cessation doctrine applied here.
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Earlier, Ginsburg questioned mootness but suggested a DIG possibility by saying state policy change might've changed cert grant decision.
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Breyer was focused on line-drawing at the extreme end of the state's argument, whether fire/police protection to churches could be limited.
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Kennedy was not too talkative, but he asked the church about whether, absent Estab Clause issue, states can draw no relig distinctions.
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(Church lawyer pointed to Locke v. Davey.)
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Later, to the state, Kennedy picked up on that, calling this distinction in Missouri "status-based," thus distinct from Locke.
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Alito, giving specific examples of fed/state safety/security enhancement programs, asked whether MO would allow church participation.
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State lawyer said that the answer, traditionally, would be no.
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Alright. I'm at the office and writing up, so more to come in a bit.
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