Supreme Court Decisions for Tuesday, June 27th

2,440 Views | 22 Replies | Last: 1 yr ago by BTKAG97
Rapier108
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Sorry for not doing this live, got pulled away from the computer.

Mallory v. Norfolk Southern.

5-4 by Justice Gorsuch

Barrett, Roberts, Kagan, and Kavanaugh dissent.

"This case is a major dispute over personal jurisdiction that is, a court's power to hear a lawsuit against a defendant. The question before the court is whether a Pennsylvania court can hear a lawsuit brought against a Virginia-based railroad company by a Virginia man who worked for the railroad in Virginia and Ohio. The employee, Robert Mallory, blames his exposure to asbestos and other chemicals on the job for his diagnosis of colon cancer. To sue Norfolk Southern in Pennsylvania, he relied on a state law that requires out-of-state corporations to register with the state as a condition of doing business there; under state law, that registration gives state courts jurisdiction over the companies. But the Pennsylvania state courts ruled that Pennsylvania's registration scheme violates the 14th Amendment's due process clause by giving state courts jurisdiction over out-of-state corporations in all circumstances."

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Counterman v. Colorado

7-2 by Justice Kagan

Sotomayor and Gorsuch concur in part and in the judgement.

Thomas and Barrett dissent

"True threats" are not protected by the First Amendment. The question before the justices was how courts should determine what constitutes a "true threat." The defendant in the case, Billy Counterman, was sentenced to four-and-a-half years in prison for stalking after he sent Facebook messages to a local musician that left her feeling "extremely scared." Counterman contends that, to determine whether speech is a "true threat," courts must consider the speaker's intent; the state, by contrast, argues that courts should apply an objective test that looks at whether a reasonable person would regard the statement as a threat of violence."

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Moore v. Harper (North Carolina redistricting)

6-3 by Chief Justice Roberts

Thomas, Gorsuch, and Alito dissent

The decision of the North Carolina Supreme Court is affirmed.

"In this major election case, a group of Republican legislators from North Carolina argued that the "independent state legislature" theory the idea that the Constitution's elections clause gives state legislatures nearly unfettered authority to regulate federal elections, without interference from state courts barred the North Carolina Supreme Court from setting aside a congressional map adopted by the state's legislature. In April, the North Carolina Supreme Court, with a new 5-2 Republican majority, reversed its earlier ruling, holding that it lacked the power to review the challenges to the map."

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This is it for today. 7 cases remain.

Next opinion day is Thursday and likely Friday will be the last day.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
TRM
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AG
Mallory v. Norfolk Southern.
21-1168 Mallory v. Norfolk Southern R. Co. (06/27/2023) (supremecourt.gov)

Counterman v. Colorado
22-138 Counterman v. Colorado (06/27/2023) (supremecourt.gov)

Moore v. Harper (North Carolina redistricting)
21-1271 Moore v. Harper (06/27/2023) (supremecourt.gov)
GarryowenAg
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AG
Can you provide a dumbed-down explanation of Moore vs Harper?
Rapier108
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GarryowenAg said:

Can you provide a dumbed-down explanation of Moore vs Harper?
Supreme Court case Moore v. Harper status? | TexAgs
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
BTKAG97
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AG
Rapier108 said:

GarryowenAg said:

Can you provide a dumbed-down explanation of Moore vs Harper?
Supreme Court case Moore v. Harper status? | TexAgs
The NC SC ruled they do not have the jurisdiction to overturn election maps drawn by the State Legislature and the US SC agreed?
Rapier108
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BTKAG97 said:

Rapier108 said:

GarryowenAg said:

Can you provide a dumbed-down explanation of Moore vs Harper?
Supreme Court case Moore v. Harper status? | TexAgs
The NC SC ruled they do not have the jurisdiction to overturn election maps drawn by the State Legislature and the US SC agreed?
The NC Supreme Court overruled itself in the case which is why Thomas said it should have been moot.

Instead the Supreme Court said a state judge/court can override the legislature when it comes to elections.

So if a local judge decides to order a state to issue mass mail in ballots to all citizens, the state has to comply unless it is overruled by another court.

They basically just legalized all of the shenanigan that state courts did in 2020.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
Aglaw97
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AG
Withholding the two cases I'm most interested in (other than U.S. v Texas which issued last week) for the last releases. Interesting that they are making them last. I'm speculating that both will go as I expect (which won't be positively received by the media) and thus they want to issue them and immediately be in recess.
aggiehawg
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Quote:

Instead the Supreme Court said a state judge/court can override the legislature when it comes to elections.

So if a local judge decides to order a state to issue mass mail in ballots to all citizens, the state has to comply unless it is overruled by another court.

They basically just legalized all of the shenanigan that state courts did in 2020.
I also got one of those I-know-it-when-I-see-it (obscenity case reference) vibe with the language cautioning courts to not "impermissibly intrude" whatever that means.
lb3
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AG
Thanks for the summaries.
You gave the votes but not which side 'won'.
Opalka
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So you're not supposed to draw obviously flawed maps that allow you to rig future elections. Who knew?
BMX Bandit
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they didn't legalize anything. judicial review has been part of this country since marbury v madison. this "independent legislature" theory was very far fetched. thomas' dissent on the merits doesn't even try very hard to say why that theory should have won. he rightfully focused on the case being moot.

liberals acting like they won some big case is hilarious. there was never any doubt how this case was going to go. NC legislature is of course bound by its own constitution and the US Constitution.


this about sums it up IMO:


aggiehawg
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AG
I'll believe it when I see it.
Not a Bot
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That's not what the court said at all. It said that when it comes to federal elections the state courts still have the power of review just like they do with other legislation within the state. The North Carolina legislature was arguing that if they passed a federal elections law that the North Carolina state courts had no jurisdiction to even hear cases about it. It was a huge stretch.
cone
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just a casual observer

seems like the court's doing the routine of awarding relatively smaller victories to the side that's ultimately going to lose the top line issues and be absolutely furious

softening the ground and defusing the eventual calls for court delegitimacy
cone
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AG
of course that clever by half appeasement will never work
Not a Bot
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https://www.scotusblog.com/2023/06/justices-throw-out-colorado-mans-stalking-conviction-in-first-amendment-dispute/

Counterman v Colorado is a big 1A case that no one was really talking about.

It dealt with the standards of criminal conviction for speech under the "true threat" exception. The court went with a middle ground. Prosecutors now have to show a conscious disregard on behalf of the defendant rather than simply proving their speech could be taken to be threatening by an objective person.

While the decision was 7-2 to vacate the conviction, it was 5-4 to create a new "recklessness" standard in these sorts of cases. Will be interesting to see how this is applied moving forward.

Thomas called the decision a policy decision masquerading as a constitutional one.
Teslag
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AG
Opalka said:

So you're not supposed to draw obviously flawed maps that allow you to rig future elections. Who knew?


Except that they can because the NC overruled itself. The maps remain.
93MarineHorn
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Quote:

So you're not supposed to draw obviously flawed maps that allow you to rig future elections. Who knew?
I know, right? You're supposed to use the existing obviously flawed maps created by Democrats decades ago.
Grapesoda2525
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cone said:

just a casual observer

seems like the court's doing the routine of awarding relatively smaller victories to the side that's ultimately going to lose the top line issues and be absolutely furious

softening the ground and defusing the eventual calls for court delegitimacy
As a dem, I'm fine with winning Milligan and Harper, but losing the student loans case and affirmative action case.

Colleges ( and jobs) should select people based on merit and not what race they are. I've paid off my student loans, so why can't these other folks pay off theirs? Too many vacations that they're going into debt for so they can tweet out pics of them "living it up" and too addicted to Starbucks to pass up the $8 dollar coffee or whatever?
AggieLumberjack
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AG
Kavanaugh continues to be a disappointment.
Aglaw97
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Grapesoda2525 said:

cone said:

just a casual observer

seems like the court's doing the routine of awarding relatively smaller victories to the side that's ultimately going to lose the top line issues and be absolutely furious

softening the ground and defusing the eventual calls for court delegitimacy
As a dem, I'm fine with winning Milligan and Harper, but losing the student loans case and affirmative action case.

Colleges ( and jobs) should select people based on merit and not what race they are. I've paid off my student loans, so why can't these other folks pay off theirs? Too many vacations that they're going into debt for so they can tweet out pics of them "living it up" and too addicted to Starbucks to pass up the $8 dollar coffee or whatever?


I find that interesting for a liberal only because I expect the affirmative action case (assuming it's struck down) to bleed over into a lot of areas utilizing DEI. It could have far reaching effects outside of just college admissions
AggieMD95
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AG
As a layman I don't understand these summaries. Seems like it is detailed on how things were decided. But not exactly what was decided
BTKAG97
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AG
Rapier108 said:

BTKAG97 said:

Rapier108 said:

GarryowenAg said:

Can you provide a dumbed-down explanation of Moore vs Harper?
Supreme Court case Moore v. Harper status? | TexAgs
The NC SC ruled they do not have the jurisdiction to overturn election maps drawn by the State Legislature and the US SC agreed?
The NC Supreme Court overruled itself in the case which is why Thomas said it should have been moot.

Instead the Supreme Court said a state judge/court can override the legislature when it comes to elections.

So if a local judge decides to order a state to issue mass mail in ballots to all citizens, the state has to comply unless it is overruled by another court.

They basically just legalized all of the shenanigan that state courts did in 2020.
Thank you. One tactic a state might - and should - take if this happens is to ignore it then claim, "We did not have the time, money, and/or resources to adequately adhear to the judgement in full. We will comply with the judgement during the next election cycle but in the meantime we are appealing the judgement".
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