More on Sotomayor's broken shoulder: She fell at her home Monday morning, then came to work and was on the bench, then went to her doctor Monday afternoon, who confirmed the break.
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Justice Kagan has the first opinion, in Sessions v. Dimaya. Gorsuch joined the more liberal justices affirming the 9th Circuit.
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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.
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The second decision is in Wilson v. Sellers, with Breyer writing the 6-3 decision reversing the 11th Circuit.
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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.2 replies 9 retweets 13 likesShow this thread -
#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 …1 reply 7 retweets 10 likesShow this thread -
Running up to court for Wayfair now. More to come.
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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)).
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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.
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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.
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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.
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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 …0 replies 2 retweets 4 likesShow this thread
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