Off to #SCOTUS, where we are expecting opinions at 10a followed by oral arguments in South Dakota v. Wayfair, Inc.pic.twitter.com/VzH8hpB6Xm
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It's a two-box Tuesday for opinions at 10a. #SCOTUS
Justice Kagan has the first opinion, in Sessions v. Dimaya. Gorsuch joined the more liberal justices affirming the 9th Circuit.
The court applies the Johnson "residual clause" decision to Dimaya's case, finding that the INA's "crime of violence" provision has similar problems, leading the court to side with the immigrant in question.
The second decision is in Wilson v. Sellers, with Breyer writing the 6-3 decision reversing the 11th Circuit.
Final decision, a per curiam decision in US v. Microsoft: #SCOTUS holds that the case is moot in light of the CLOUD Act, with directions for both lower court decisions to be vacated.
#SCOTUS OPINIONS:
Sessions v. Dimaya: https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf …
Wilson v. Sellers: https://www.supremecourt.gov/opinions/17pdf/16-6855_c18e.pdf …
US v. Microsoft: https://www.supremecourt.gov/opinions/17pdf/17-2_1824.pdf …
Running up to court for Wayfair now. More to come.
First take out of Wayfair: A very closely divided court. Whether sales taxes can be imposed on businesses without physical presence in a state could come down to the Chief Justice &/or to stare decisis (the idea that a court will adhere to a formerly decided case (here, Quill)).
In addition to Justices Kennedy, Thomas, and Gorsuch, who have previously signaled their belief that Quill could or should be revisted, Justice Ginsburg called it “obsolete” and was quite skeptical of arguments to keep it around.
The only thing that could save Quill appeared to be the thing that allowed Quill (which itself preserved an earlier ruling) to exist in the first place: reliance interests. It’s been around, everyone relies on it, so we should keep it.
Toward the end of the arguments, though, the Chief Justice did question that, asking Wayfair’s lawyer what reliance interests there really were — beyond the retroactivity question.
Here's the transcript from today's SD v. Wayfair #SCOTUS argument —> https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-494_7lho.pdf …
Sotomayor update: She broke her left shoulder and is right-handed, FWIW.
Undisplaced fractures really need nothing more than being held in place to heal. The hard part comes when you have to learn to use your arm again.
I broke my dominant humerus just below the shoulder last summer; clean break, no cast, approx 3-4 weeks before the bone itself was healed. 10 months later, I'm finally able to reach into the fridge and dry my hair etc. I fully blame Trump, btw.
I broke the head off my humerus 3-4 years ago. Same deal. I am still discovering movements that have been impaired--motions that we don't perform regularly and which physical therapy doesn't target. When I find a difficult motion I create my own gentle exercise to target it.
Great idea! I think the best therapy for me ended up being laying with my arm behind my head....that really broke through that weird leaden feeling like my arm just died.
. #SoniaStrong
She’s amazing!
Sending wishes for a speedy healing process, but she’ll be just fine without my good vibes really
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