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The Supreme Court's FIRST opinion of the day is in TransUnion. It's another 5–4 decision with Thomas joining the liberals in dissent—the second of the week! There will be more opinion(s). https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf …pic.twitter.com/KhyRz0kqlT
In an opinion by Kavanaugh, the court finds that most members of the class suing TransUnion for Fair Credit Reporting Act violations do not have standing. Thomas is not happy! https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf …pic.twitter.com/M1YX04OzF6
These decisions don't make the headlines, but they illustrate the far-reaching impact of a 6–3 conservative majority. Thomas has twice peeled off from the conservative bloc to join the liberals, but it doesn't matter because, well, Amy Coney Barrett. https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf …
Kagan, dissenting: Kavanaugh's opinion "transforms standing law from a doctrine of judicial modesty into a tool of judicial aggrandizement." https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf …pic.twitter.com/esOM69a4IE
I know this sounds very strange, but Justice Thomas has really been on fire lately. His opinions in Arthrex, Collins v. Yellen, California v. Texas, and, today, TransUnion are all fascinating and persuasive. https://www.supremecourt.gov/opinions/20pdf/20-297_4g25.pdf …pic.twitter.com/smRbWrJAgK
The Supreme Court's SECOND decision of the day is in HollyFrontier Cheyenne v. Renewable Fuels. There's a first time for everything: Barrett dissents, joined by Sotomayor and Kagan, and lineup we've never seen before. https://www.supremecourt.gov/opinions/20pdf/20-472_0pm1.pdf …pic.twitter.com/CNeQUPxd5u
There will be more decisions. In HollyFrontier, which breaks down to men vs. women, the Supreme Court says a small refinery that previously received a hardship exemption can still obtain a hardship "extension" if its exemption coverage lapsed in a previous year.
In dissent, Barrett, joined by Sotomayor and Kagan, says the EPA cannot "extend" an exemption that a refinery no longer has. Gorsuch vs. Barrett on an arcane question of statutory interpretation ... some sickos out there are going to LOVE this. https://www.supremecourt.gov/opinions/20pdf/20-472_0pm1.pdf …pic.twitter.com/WR3qJCejZn
The Supreme Court's third and FINAL decision of the day is in Yellen v. Confederated Tribes. By a 6–3 vote, the court holds that Alaska Native Corporations ARE eligible for funds under the CARES Act! Gorsuch, Thomas, and ... Kagan ... dissent. https://www.supremecourt.gov/opinions/20pdf/20-543_3e04.pdf …pic.twitter.com/YZByvMaFGZ
No blockbusters—IN THE TRADITIONAL SENSE—from the Supreme Court today, but three decisions with wild lineups: 1. Thomas joins the liberals in dissent. 2. Barrett, Sotomayor, and Kagan dissent together. 3. Gorsuch, Thomas, and Kagan dissent.
There's an alliance you don't see every day
Has anyone looked at the recent line of standing cases for a trend? Anecdotally, it seems like SCOTUS denies standing a lot.
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