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First opinion of the day is in Jones v. Mississippi. By a 6–3 vote with Kavanaugh writing, the court rules that a sentencer need NOT make a separate factual finding of permanent incorrigibility before sentencing a defendant under 18 to life without parole. https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf …
Today's decision is a huge blow against the movement to end juvenile life without parole. As Sotomayor correctly notes in her dissent, the court "guts" precedents that had strictly limit JLWOP. This is a major defeat for JLWOP reform. https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf …pic.twitter.com/fTczLRlYqN
Sotomayor's dissent is brutal. Kavanaugh claims to follow precedent limiting juvenile life without parole, but Sotomayor writes: "The Court is fooling no one. Because I cannot countenance the Court’s abandonment of Miller and Montgomery, I dissent." https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf …
This will be an extremely painful decision for opponents of juvenile life without parole. The conservative majority has effectively abandoned precedents curtailing JLWOP, which will make it much, much harder for young people sentenced to life in prison to secure early release.
Sotomayor criticizes Kavanaugh for overturning precedent without acknowledging it. "The Court simply rewrites Miller and Montgomery to say what the Court now wishes they had said, and then denies that it has done any such thing," she writes. "The Court knows what it is doing."
Today's decision is pretty much the worst case scenario for opponents of juvenile life without parole (myself included). The court has abandoned precedent protecting juvenile defendants without admitting it. This decision will ensure that more JLWOP defendants die behind bars.
The Supreme Court's second opinion today is in Carr v. Saul. In a very divided decision with a majority opinion by Sotomayor, the court found no issue-exhaustion requirement for Appointments Clause challenges to SSA ALJs. https://www.supremecourt.gov/opinions/20pdf/19-1442_971e.pdf …pic.twitter.com/6XBtVDrWfP
The Supreme Court's third and final opinion today is a unanimous decision by Breyer in AMG Capital Management v. FTC that bars the FTC from seeking restitution or disgorgement under §13(b) of the FTCA. https://www.supremecourt.gov/opinions/20pdf/19-508_l6gn.pdf …pic.twitter.com/79LenHYXiH
One last thing I want to say about the Supreme Court's terrible decision in Jones v. Mississippi today: The defendant was 15 at the time of the crime. 15 years old. And the Supreme Court has allowed him to be condemned to die behind bars. It's barbarous. https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf …
And this portion of Sotomayor's dissent, aimed squarely at Kavanaugh—and using his own past words against him—is one of the most savage passages she has ever written. It is also a very ominous warning. https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf …pic.twitter.com/BSYlfVQJWZ
The last few pages of Sotomayor's dissent are extremely powerful. She recounts the horrific abuse and neglect that the defendant suffered and his complete rehabilitation behind bars. "Jones should know that, despite the Court’s decision today, what he does in life matters."
To put this in very stark terms, the appointment of Brett Kavanaugh and Amy Coney Barrett are THE reason why the Supreme Court just effectively reinstated juvenile life without parole. Kennedy had taken huge strides toward abolishing it, and they just undid his handiwork.
What an awful day for juvenile justice, for the rights of children, for the Constitution. A devastating, duplicitous, and disgusting decision that overturns a landmark precedent at the heart of Anthony Kennedy's legacy. A horrible, barbaric injustice.https://slate.com/news-and-politics/2021/04/brett-kavanaugh-sonia-sotomayor-juvenile-life-without-parole.html …
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