#SCOTUS, final decision day before the summer recess, June 26, 2017.pic.twitter.com/IU8WOt0G4h
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It's a three-box Monday for the final day at #SCOTUS. 6 cases remain (but up to 3 could be set for re-argument).
First #SCOTUS opinion is Justice Thomas with Davila v. Davis, siding against the capital murder defendant, in a 5-4 decision.
Breyer dissents, for him, Ginsburg, Sotomayor, and Kagan. Decision in Davila: https://www.supremecourt.gov/opinions/16pdf/16-6219_i425.pdf …
This means any remaining opinions handed down today will be from Thomas, Kennedy, or the Chief Justice. #SCOTUS
2nd decision is California PERS v. ANZ Securities, with Kennedy affirming the Second Circuit. Another 5-4 decision, w liberals dissenting.
All remaining decisions will come from Kennedy or the Chief Justice. #SCOTUS
Trinity Lutheran. The Chief Justice writes the decision, holding Missouri's policy violates the Free Exercise Clause. #SCOTUS
Notably, CT & NG do not join footnote saying decision is only on discrimination based on religious identity, not religious uses of funding.
"This Court — has never before ..." Sotomayor is reading her Trinity dissent, in which she is joined by Ginsburg, from the bench. #SCOTUS
Breyer concurred in judgment in Trinity Lutheran, noting "particular nature of the 'public benefit' here at issue" (playground material).
3 remaining cases are all ones in which Gorsuch did not participate in argument bc he was not yet on #SCOTUS. We still have two boxes.
Not quite sure what is about to happen here, b/c only the Chief should be handing down any opinions. Re-arguments would ~appear~ likely.
But, there's still a lot of box space left!
BREAKING: SCOTUS rules on travel ban case, limiting the stay to those with a bona fide connection to persons in the US.
CORRECTED: #SCOTUS rules on travel ban case, limiting the injunctions to those with a bona fide connection to persons in the US.
Here's the per curiam decision: https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf …
#SCOTUS holds over Sessions v. Dimaya and Jennings v. Rodriguez to the next term.
#SCOTUS, in per curiam decision, tosses Hernandez v. Mesa back to the Fifth Circuit without resolving much of anything.
BREAKING: Supreme Court Will Review Trump's Travel And Refugee Ban — And Allow Partial Enforcement For Now https://www.buzzfeed.com/chrisgeidner/supreme-court-allows-trump-to-enforce-his-travel-and?utm_term=.qlzrv25jk1 … #SCOTUS
Under Trump's June 14 memorandum, the partial travel and refugee bans will go into effect in 72 hours.pic.twitter.com/hSNxF4hAPG
Nobody On The Supreme Court Is Retiring (At Least For Now) https://www.buzzfeed.com/chrisgeidner/nobody-on-the-supreme-court-is-retiring-at-least-for-now?utm_term=.kbBQLKnRX8 … #SCOTUSpic.twitter.com/5q9uwZH51m
On the #travelban decision — https://www.buzzfeed.com/chrisgeidner/supreme-court-allows-trump-to-enforce-his-travel-and?utm_term=.xk8vB8L3Va#.jeL6j70rgP … — I think it remains to be seen how big a change this is, given many have connections.
This will be, as noted in my story, a matter of the administration's application of today's order and, ultimately, court interpretations.
Hmm. I'm not sure you can say this.pic.twitter.com/3dDAg60e0W
You definitely can't say it was unanimous — even beyond the fact that three justices dissented in part because they'd go further.
These were stay applications & cert petitions, on which #SCOTUS does not give vote counts. Justices can write if they want, but need not.
Sigh. DOJ calls it "unanimous" as well.pic.twitter.com/O2NaQkXUE4
Asked why the DOJ statement calls the #travelban order "unanimous," DOJ spokesperson says, "That's what per curiam means."
You can dissent from a per curiam decision, so it can't possibly mean that.
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