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.

[kiryandil]

“mugwumps”

LOL!

Haven’t heard that one in a while. :)

[OneVike]

Yup, I messed it by a number. Did it via my i-phone, and big fingers get me in troubles all the time

[Irish Eyes]

Thanks for the link. I have missed this guy and his bike.

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

[JohnBovenmyer]

Those complaining about the the Nisei internment need to realize that the issue has been discussed on an overwhelming one sided basis for 60+ years. And that third party discussion has been mostly by folks whose impression of Japanese folks is all based on the post-MacArthurized version, not the wartime or pre-war version. It also tends to forget the order passed judicial, including SCOTUS muster and affected more than the Nisei. Germans and Italians also were interned. The other side deserves to be heard. But about all I’ve seen of it was Michelle Malkin’s book on the subject. Which was promptly blasted by all the usual suspects. But which offered a surprising amount of evidence that there were spies and saboteurs embedded in that population. Who ended up not amounting to much because the internment shut them down as well as W closing our skies on 911 may have saved the west coast.

[TexasFreeper2009]

I sort of agree, they will rule for full immunity for any PUBLIC act or anything that could be construed as a public act. Basically, anything the president could pardon himself for he has immunity against.

So a president couldn’t murder his wife, because he cant pardon a state crime like murder etc.

[hanamizu]

You should have a look at contemporary jr high/ high school history books. They don’t quite equate the Holocaust with the Japanese interment but without active teacher involvement the student will think that the two were pretty much the same thing.

The last book I used had more pictures of black American soldiers and women than white American soldiers fighting in WWII. And this was over a dozen years ago. Might be worse now.

[Verginius Rufus]

There is a book about US history (humorous) which explains the term “Mugwump” as referring to politicians who had their mug on one side of the fence and their wump on the other side.

[Verginius Rufus]

Very easy to hit the wrong number on a phone--I do it all the time.

But the 1400s were the height of the Renaissance so maybe someone thought the years should be counted from the birth of Julius Caesar (b. 100 B.C.) rather than Jesus Christ.

[CottonBall]

Thank you for the ping. I checked in later in the day so now I have to go see what was done. I don’t see anything dramatic in the sidebar so looks like they haven’t got to the immunity case yet.

[spacejunkie2001]

What do we think is on tap to be released tomorrow? (not that it’s a definite)

[CFW]

I call it the “Trump exception” to all laws and legal precedents.

[CFW]

I think it is very possible we get the Chevron case tomorrow. It was heard in January. And also the Rahami case. I was expecting Rahami today since it is the only remaining case from the November sitting.

From the December sitting, the only two remaining is Securities and Exchange Commission v. Jarkesy, and Harrington v. Purdue Pharma L.P.

[OldGoatCPO]

So, we interned innocent people, but that is okay because it stymied a few subversives in their communities. How is that different than J6 prisoners? Nisei means second generation born in the USA and protected by the constitution. They were not Japanese-Americans, they were Americans, and many served against Nazi Germany while their families were in concentration camps. Also, historically, only certain States participated in rounding up these Americans while other States, like Hawaii, told the Feds to pack sand. Nor is it a coincidence that the Army General in charge of the internment was an avowed racist. None of that is the post-war rehabilitation of those interned; it is all fact.

[spacejunkie2001]

I read an article yesterday that Barrett may vote against us on Rahimi...not sure what that ultimately means or if it’s even true.

What’s the SEC case about?

[Guenevere]

Are the barricades recent?

[CFW]

Here is an interesting article on the remaining decisions written by Prof Josh Blackman at Reason. He makes some good points.

“Handing Down The Final 19 (or 17) Opinions”

https://reason.com/volokh/2024/06/20/handing-down-the-final-19-or-17-opinions/

[CFW]

Barrett probably would vote against the 2nd Amendment on Rahimi.

Another interesting case we haven’t discussed here is the Grant’s Pass case.

City of Grants Pass, Oregon v. Johnson, No. 23-175 [Arg: 4.22.2024]

Issue(s): Whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment.

The SEC case is Securities and Exchange Commission v. Jarkesy, No. 22-859 [Arg: 11.29.2023]

Issue(s): (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment;

(2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine;

and (3) whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.

[JohnBovenmyer]

>You should have a look at contemporary jr high/ high school history books

There's the "one side" pointed out.

[JohnBovenmyer]

I wasn't trying to prove the internment was correct, I was trying to point out there WAS another side to the argument which is being flat out ignored by the "America is bad" crowd. Which alone ought to raise some questions here. And the fact we were, Constitutionally at war should offer at least some leeway. There were many deviations from peace time rights placed on everyone, not just the Nisei. When evaluating the internment today at least notice there was an elephant in the room and listen to what it remembers. That defense witness deserves to be heard. If you only listened to one side you'd be like Joe Biden raving at 'our side' for wanting to deport all their wonderful illegals.

There were a lot of innocent US Citizens kept from going where they wanted for a period of time, without any due process that I recall, when W closed the skies on 911. Yet officially we weren't even at war. (IMHO at the time we should and could have been in the time it took to declare it after Pearl Harbor. The unimaginative idiots in Congress who couldn't figure out how to define the "enemy" for a war declaration just needed to ask "Ways and Means" how to define them as a tax target!) At least we'd been constitutionally at war for a couple months before FDR's order. And those Nisei citizens did obtain judicial review. From FDR's order to SCOTUS ruling took 34 months. 41 months post-J6 and maybe today we'll get a SCOTUS ruling. I'm not sure but what some J6 defendants may have been held "pre-trial" without bail longer than 34 months. And although the internment conditions weren't free and ideal they were generally better than those the J6 folks have faced. Maybe the strongest connection between the Nisei and J6 is that in both cases you had Democrats questionably locking people up (Woodrow Wilson's law fare during WWI is another similar case) and Republicans (eventually Reagan in Nisei case) complaining about it.

[OldGoatCPO]

I did a thesis on the internment and interviewed a former internee and a family member of a former internee. What internment did to these families cannot be ignored whether someone feels it was legal or not. I feel the same way about the J6 defendants. I firmly believe some people did commit criminal acts that day and many J6 defendants did not that should have them interned for years an abused by the priso system.

There are two sides to every story. If Presidents did not have immunity and he had not died in office FDR could have faced a plethora of charges for his time in office.