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Open Thread: SCOTUS Decisions, Final Day* of Term Edition

[NB: check the byline, thanks. /~Rayne]

It’s the last day* Supreme Court’s term, and the last batch of decisions will drop shortly

Decisions released today follow in an update at the bottom of this post.

*–No, it’s not the final day after all, but this post was written as a pre-scheduled draft back on June 25 and my psychic powers predicting how many cases would drop on which dates was at an ebb.

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Time-killing observations:

One of the great tragedies of the red states’ push to ban abortion as reproductive care has been the threats to and loss of doctors and other health care workers who provide reproductive health services. If health care professionals are at risk of prosecution in red states for providing what may be essential lifesaving care, they are often electing to leave and practice elsewhere. With the loss of health care professionals due to the COVID pandemic, they won’t have difficulty finding a new place to practice even if it may not feel like the home they leave behind.

Health care professional Rory Cole wrote an op-ed about Idaho which was affected by SCOTUS’s handling of the Moyle v. Idaho case. Worth a read because her opinion is surely shared by other health care professionals in states like Texas and Florida.

I’m staying in Idaho to practice medicine after the U.S. Supreme Court’s EMTALA decision

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Today’s decisions —

First decision: City of Grants Pass v. Johnson

Justice Gorsuch wrote the 6-3 decision; Justice Sotomayor wrote the dissent which she opened by noting, “Sleep is a biological necessity, not a crime.”

Grants Pass banned public camping — which really banned homeless persons from sleeping in public. What a piece of shit decision relying on the Eighth Amendment to punish the homeless.

As noted all too often about the so-called conservatives: the cruelty is the point.

Second decision: Loper Bright Enterprises v. Raimondo

Justice Roberts wrote the 6-3 decision; Justice Kagan wrote the dissent. The court split along ideological lines as expected.

This case essentially undermines the unanimous Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. (1984) decision upon which federal agencies have relied for decades.

This is yet another swipe at the administrative state by the Roberts court and yet more evidence each of the recent GOP-appointed justices lied during their nomination hearings if they affirmed stare decisis. They are writing law from the bench.

Third decision: Fischer v. United States

Justice Roberts wrote the 6-3 decision; oddly, Justice Brown Jackson concurred. Justice Coney Barrett wrote the dissent joined by justices Sotomayor and Kagan.

This is the January 6 case in which accused insurrectionists were charged with 18 USC 1512(c); the majority narrowed the scope of the charge to impairment of record, document, or other objects in official proceedings. Aggravatingly, this appears to place focus on 18 USC 1512(c)(1) and not 18 USC 1512(c)(2) as you can see from the code itself:

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

IANAL but this makes no sense to me because the entire point of the attack on the capitol was to obstruct the counting of votes and alter the outcome of the election’s certification.

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This is an open thread. Any further updates related to these cases will appear at the bottom of this post.

Open Thread: SCOTUS Decisions [UPDATE-1]

[NB: check the byline, thanks. /~Rayne]

As noted the last two weeks, the end of the Supreme Court’s term is just ahead; SCOTUS continues to dump clusters of decisions in a short time frame.

Will SCOTUS finally decide the question of presidential immunity posed in Trump v. United States? Your guess is as good as anybody else’s.

Decisions released today follow in an update at the bottom of this post.

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Time-killing observations:

1 — Stink: The New York Times published an op-ed yesterday by University of Michigan’s Prof. Leah Litman, a former clerk for retired Justice Anthony Kennedy: Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case, which Election Law Blog’s Rick Hasen helpfully excerpts here.

It sure looks fishy that the conservative majority SCOTUS can make a decision inside three weeks related to COVID vaccinations for the benefit of corporations, but drags its feet for months about presidential immunity though United States v. Nixon, 418 U.S. 683 (1974) already offers plenty of guidance on the latter.

(It looks fashy, too.)

2 — Head fake? There’s been considerable coverage of Justice Amy Coney Barrett’s concurrent opinion in the “Trump Too Small” trademark decision, Vidal v. Elster. See The New Republic’s Amy Coney Barrett Breaks With Supreme Court Originalists and Politico’s Amy Coney Barrett may be poised to split conservatives on the Supreme Court.

That’s all well and good but Coney Barrett remained one of the majority in the 5-4 decision; she’s still a conservative vote differing only in how she gets there — with or without Thomas’s brand of originalism.

3 — Unbenched: One of the cases SCOTUS is expected to decide yet this term — City of Grants Pass v. Johnson — addresses municipalities prohibiting the homeless from sleeping in public spaces. What are homeless folks supposed to do if SCOTUS allows municipalities to continue with such prohibitions while housing inventory remains excessively tight and rents unfettered?

This case has haunted me this week during the heat dome much of the country has been experiencing. Imagine being unable to find a cool place to sleep at night — not even a park bench.

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UPDATE-1 — 10:25 AM — Today’s decisions:

First decision: Moore v. United States

Justice Kavanaugh wrote the 7-2 majority decision which upheld the retroactive tax assessed on repatriated income under Trump’s 2017 tax law changes. Suck on that “Trump Too Small” tax cut, MAGA.

That ethics-deprived jerk Alito refused to recuse himself on this one in spite of having been interviewed about the case by one of the lawyers involved.

Second decision: Chiaverini v. City of Napoleon, Ohio

Justice Kagan wrote the 6-3 majority decision for this case regarding malicious prosecution and probable cause.

Third decision: Diaz v. United States

Justice Thomas wrote the 6-3 majority opinion which surprisingly included Brown Jackson in the majority and with a concurring opinion; the dissent was written by Gorsuch with Sotomayor and Kagan joining him.

I feel so bad for Diaz whose wretched taste in men was revealed by her foolishness in this case. I wonder if her sentence was shorter or longer than the amount of time she was romantically linked to her boyfriend.

Fourth decision: Gonzalez v. Trevino

This was a per curiam decision, read by Roberts; Alito wrote a concurrence, with Thomas the lone dissent.

This one probably deserves more attention considering the case concerns the effort to remove an elected official.

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Any further updates regarding these cases and SCOTUS will follow at the bottom of this post. This is an open thread.