SCOTUS Opinions [Thursday, June 20, 2024]

scotusblog ^ | 6/20/24 | staff

[CFW]

The Supreme Court will be releasing Opinions for the October 2023 this morning at 10:00. Attorneys at Scotusblog will be in the press room and will liveblog the opinions as they are released here

You can find a list of the cases for this term here:

October 2023 term

There are 23 cases remaining to have decisions released between now and the end of the month (I can recall one time when the term continued into the first week of July but that's not the norm).

For those keeping score, thus far Roberts has written 2 opinions; Thomas 6, Alito, 4, Kagan 4, Gorsuch 2, Kavanaugh 4, Sotomayor, 7, Barrett 3, and Jackson 4. (Two cases were per curiam)

Cases of interest that remain undecided are the Trump immunity case, the Fischer case (relating to Jan 6 and Trump), and the two cases relating to the Chevron deference issues, Loper Bright and Relentless.

There is also a 2nd Amendment case, Rahimi, regarding possession of a firearm by persons subject to domestic-violence restraining orders. And a taxation case, Moore v. U.S. regarding whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.

And of course, there are the First Amendment case. First is NetChoice, LLC v. Paxton, then Moody v. NetChoice, LLC, and then Missouri v. Murthy Issue: Whether respondents have Article III standing; (2) whether the government’s challenged conduct transformed private social media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper.

[CFW]

And of course we are still awaiting opinions in several other cases. All opinions from the October sitting have been released. Rahimi is the only case remaining from the November sitting so we can probably expect it today. Three remain from the December sitting. One of them is the taxation case (Moore)so we may get it today as well. Three also remaining from the January sitting, two of which are the Chevron cases. We may get them today or tomorrow. Speaking of which, the court has already scheduled another Opinion day for tomorrow, so we can expect to do this again in 24 hours.

Have a great Opinion day! And say a few prayers for our Justices while you are at it.

[CFW]

Here is your ping to the SCOTUS thread.

At least I got the day and date right this time (I think).

Opinions will start being released in about 30 minutes.

[spacejunkie2001]

Thank you so much!

[Bshaw]

I’m expecting judicial fireworks, primarily since they have erected barricades outside of SCOTUS.

[ptsal]

bkmk

[11th_VA]

Thanks for posting!

[Reno89519]

Thanks for posting. I just created same while you were and have contacted admin moderator to delete my duplicate post.

[newfreep]

Hopeful justice bump...

[CFW]

The “illegitimate court” rhetoric has increased in the past two weeks. The left hopes that their threats against the court will cause Roberts to give them something to hang their hat on for going against Trump and conservatives.

Roberts is known for going squishy in order to “protect the reputation” of the Court.

[Reno89519]

Well hopefully Trump 2.0 will get to replace Roberts and maybe 2-3 others. I haven’t seen Trump offer a list of candidates yet, think he will work with Federalist Society again for this?

[CFW]

We have the first opinion. It is We have the first opinion. It is Moore v. US by Kavanaugh. (This is the tax case).

The vote appears to be 7-2, with Thomas and Gorsuch in dissent.

https://www.supremecourt.gov/opinions/23pdf/22-800_jg6o.pdf

This is a case about whether a provision of the 2017 Tax Cuts and Jobs Act known as the “mandatory repatriation tax,” which required U.S. taxpayers who owned shares in foreign corporations to pay a one-time tax on their share of the corporation’s earnings, violates the Constitution.

The court holds that it does not, affirming a decision by the Ninth Circuit.

[CFW]

Since opinions are released in reverse seniority order, we will not be hearing from Jackson, Kavanaugh or Barrett today.

Also, there is two boxes so probably only 3 opinions today (possibly 4 if the opinions are short).

[frogjerk]

I’m expecting judicial fireworks, primarily since they have erected barricades outside of SCOTUS.

I think I read that this is not true about the barricades.

[Jane Long]

Thanks for posting!

[CFW]

In the Moore case,

Barrett has an opinion concurring in the judgment, joined by Alito.

The court emphasizes that its holding is “narrow.” “It is limited to: (i) taxation of the shareholders of an entity, (ii) on the undistributed income realized by the entity, (iii) which has been attributed to the shareholders, (iv) when the entity itself has not been taxed on that income. In other words, our holding applies when Congress treats the entity as a pass-through.”

[OneVike]

Immunity ruling will probably come out tomorrow. However, even if it does comes down today, it will be 9-0 in favor of Presidential immunity.

Why 9-0?

Well, the left needs to be sure their lefty Democrat/Communist/Dictatorial Presidents are never convicted of crimes they commit in the line of duty.

Since the leftists commie Attorney Generals across the land have decided they can convict a President over a bad ham sandwich, they are not going to take a chance, that conservative Attorney Generals will go after their commie Presidents.

Thus I am confident that the ruling will be 9-0 in favor of immunity.

[CFW]

“Thus I am confident that the ruling will be 9-0 in favor of immunity.”

---

I mostly agree based upon the same reasoning. But they may give a narrow pathway for the left to go against Trump (and Trump only).

[CFW]

We have the second opinion. It is Chiaverini v. City of Napoleon. It is by Justice Kagan and the vote is 6-3. Thomas dissents, joined by Alito; Gorsuch has his own dissent.

The question before the court was whether a claim for malicious prosecution can proceed for a baseless criminal charge, even if there was probable cause for prosecutors to bring other criminal charges.

https://www.supremecourt.gov/opinions/23pdf/23-50_n648.pdf

[CFW]

In Chiaverini, the court holds that the valid charges do not create a categorical bar on a subsequent malicious prosecution claim. It indicates that it leaves “for another day the follow-on question of how to determine in those circumstances whether the baseless charge caused the requisite seizure.”

[Jane Long]

Looks like the Barrycades are up, all around the SC.

Not the riot fences, but, similar to Barrycades that 0blama put up so the dear Vets couldn’t access their memorial, years ago.

This guy covers DC news, on a regular basis, and, filmed the all surrounding barricades/bike racks, yesterday (6/19) ...

https://www.youtube.com/watch?v=mHl6I4yUFhk