Yet again, nothing from the justices on Azar v. Garza, the case involving the undocumented teen who was seeking an abortion. DOJ lost below and is asking #SCOTUS to take the case to vacate that lower-court decision.
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A little follow-up reporting from
#SCOTUS today ... relating to the Upper Skagit opinion.Show this thread -
Reading Thomas's dissent (joined by Alito) and the Chief's concurrence (joined by Kennedy), it sure looks to me like those four justices would have been totally happy resolving the "exception to sovereign immunity" issue. Gorsuch wouldn't go along with it.
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From there, other interests took hold. Gorsuch was joined by the more liberal justices in avoiding the issue for now — and the Chief and Kennedy concurred, saying they "do not object" to that path "at this time." As such, what looked like a 5-4 dispute became a 7-2 decision.
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Really interesting stuff, and further reflection of this, one of the most interesting things happening at SCOTUS now, IMHO, outside of the specifics of cases. —>https://www.buzzfeed.com/chrisgeidner/chief-justice-john-roberts-has-changed-a-little-bit-and?utm_term=.mq5y0WjPo#.cqrDLMGK4 …
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