Posted on 01/17/2025 6:43:52 AM PST by CFW
At 10 a.m. EST, the court expects to issue one or more opinions in argued cases from the current term.
Scotusblog will be live-blogging the release of opinions at the article link.
Many court-watchers are once again expecting the Opinion on the Tik-Tok ban case.
TikTok v. Garland, No. 24-656 [Arg: 1.10.2025]
Issue(s): Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.
You can read about the other pending cases at the link below:
One interesting case from the October sitting is:
Garland v. VanDerStok, No. 23-852 [Arg: 10.8.2024]
Issue(s): (1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.
(Excerpt) Read more at scotusblog.com ...
Anyway, another SCOTUS day is upon us!
SCOTUS ping!
I’m here for it!
While waiting on the Court, here are a couple article regarding the future status of scotusblog and the indictment of Tom Goldstein.
“Tom Goldstein [Publisher of the blog] Was Indicted on Tax Evasion Charges”
https://reason.com/volokh/2025/01/16/tom-goldstein-was-indicted-on-tax-evasion-charges/
“Comparing The Dates of Tom Goldstein’s SCOTUS Oral Arguments And The Dates In His Indictment”
And we have TikTok v. Garland:
It is an unsigned opinion
The judgment of the United States Court of Appeals for
the District of Columbia Circuit is affirmed.
https://www.supremecourt.gov/opinions/24pdf/24-656_ca7d.pdf
From the opinion:
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.
So basically, China will have to just buy American’s data from social media sites like everyone else does.
Justice Sotomayor has an opinion concurring in part and concurring in the judgment. She says she sees “no reason to assume without deciding that the Act implicates the First Amendment because our precedent leaves no doubt that it does.”
Justice Gorsuch concurs in the judgment — that is, the result.
He notes that this is all happening very quickly and adds a few “admittedly tentative” “observations.” First is that the “Court rightly refrains from endorsing the government’s asserted interest in preventing the ‘covert manipulation of content’ as a justification for the law before us.”
He also says he is “pleased” that “the Court declines to consider the classified evidence that the government has submitted to us but shielded from petitioners and their counsel.”
Third, Gorsuch says he has “serious reservations” “about whether the law before us is ‘content neutral’ and thus escapes ‘strict scrutiny.’”
But whatever tier of scrutiny is used, he concludes, he agrees that the TikTok law “seeks to serve a compelling interest: preventing a foreign country, designated by Congress and the President as an adversary of our Nation, from harvesting vast troves of personal information”
BKMK
Only one opinion today. The Tik Tok ban; affirmed.
Unsigned, but ..... unanimous!
Interesting, though not surprising. My question is, now that Biden has said he won’t enforce the ban and will instead let Trump deal with it, is the SCOTUS decision absolutely necessary?
Wow. Should we all pool out money and make an offer ?
I’m not sure how Biden’s (or his handlers) position will affect the ban.
Here is an article regarding the decision from Josh Blackmon at Volokh Conspiracy.
https://reason.com/volokh/2025/01/17/all-the-things-tiktok-v-garland-did-not-decide/
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