Supreme Court Decisions for Wednesday, June 18th

3,356 Views | 34 Replies | Last: 9 mo ago by YokelRidesAgain
Rapier108
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The Court will be releasing opinions today at 10AM eastern time.

There are 21 cases to be decided, not counting anything from the emergency docket.

The opinions are released soon after the preceding one and after any justice finishes reading from the opinion or his/her concurrence or dissent.

They are also released in reverse seniority with the Chief Justice always being the most "senior" regardless of time on the Court. So if Jackson has the first opinion, then the next one can come from any Justice. If the first opinion is by Alito, it means the next opinion would be either by Alito again, Thomas or the Chief.

The ones in bold are the ones I find to be the most important remaining.

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U.S. v. Skrmetti- Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor's sex and asserted identity," violates the equal protection clause of the 14th Amendment.

Hewitt v. U.S.- Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the act's enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act's enactment.

Stanley v. City of Sanford, Florida- Whether, under the Americans with Disabilities Act, a former employee "who was qualified to perform her job and who earned post-employment benefits while employed" loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job.

Free Speech Coalition v. Paxton- Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults' access to protected speech.

McLaughlin Chiropractic Associates v. McKesson Corporation- Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act.

Food and Drug Administration v. R.J. Reynolds Vapor Co.- Whether a manufacturer may file a petition for review in a circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit.

Gutierrez v. Saenz- Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff's injury by following a favorable declaratory judgment.

Esteras v. U.S.- Whether, even though Congress excluded 18 U.S.C. 3553(a)(2)(A) from 18 U.S.C. 3583(e)'s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.

Perttu v. Richards- Whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim.

Nuclear Regulatory Commission v. Texas- (1) Whether the Hobbs Act, which authorizes a "party aggrieved" by an agency's "final order" to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency's statutory authority; and (2) whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated.

Louisiana v. Callai-(1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature"s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether the majority erred in subjecting S.B. 8 to the preconditions specified in Thornburg v. Gingles; and (4) whether this action is non-justiciable.

Riley v. Bondi- (1) Whether 8 U.S.C. 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited; and (2) whether a person can obtain review of the Board of Immigration Appeals' decision in a withholding-only proceeding by filing a petition within 30 days of that decision.

Environmental Protection Agency v. Calumet Shreveport Refining, LLC- Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect."

Oklahoma v. Environmental Protection Agency- Whether a final action by the Environmental Protection Agency taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the U.S. Court of Appeals for the District of Columbia Circuit because the agency published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.

Federal Communications Commission v. Consumers' Research- (1) Whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine, within the limits set forth in 47 U.S.C. 254, the amount that providers must contribute to the Universal Service Fund; (2) whether the FCC violated the nondelegation doctrine by using the financial projections of the private company appointed as the fund's administrator in computing universal service contribution rates; (3) whether the combination of Congress's conferral of authority on the FCC and the FCC's delegation of administrative responsibilities to the administrator violates the nondelegation doctrine; and (4) whether this case is moot in light of the challengers' failure to seek preliminary relief before the 5th Circuit.

Fuld v. Palestine Liberation Organization- Whether the Promoting Security and Justice for Victims of Terrorism Act violates the due process clause of the Fifth Amendment.

Medina v. Planned Parenthood South Atlantic- Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider.

Kennedy v. Braidwood Management- Whether the U.S. Court of Appeals for the 5th Circuit erred in holding that the structure of the U.S. Preventive Services Task Force violates the Constitution's appointments clause and in declining to sever the statutory provision that it found to unduly insulate the task force from the Health & Human Services secretary's supervision.

Mahmoud v. Taylor- Whether public schools burden parents' religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents' religious convictions and without notice or opportunity to opt out.

Diamond Alternative Energy LLC v. Environmental Protection Agency- (1) Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation on third parties.
"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
Rapier108
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Three boxes today so should get a fair number of opinions.

Also, this Friday will be an opinion day due to tomorrow being a federal holiday.
"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
fc2112
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TIA for doing this
SpreadsheetAg
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In; TIA
Rapier108
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First up today is Nuclear Regulatory Commission v. Texas

6-3 by Justice Kavanagh

Thomas, Alito, and Gorsuch dissent.
Quote:

The court holds that because Texas and a private company were not parties to the Commission's licensing proceeding, they cannot obtain judicial review of the commission's licensing decision.

This is a case that arises from the Nuclear Regulatory Commission's grant of a license to open a storage facility for nuclear waste in western Texas, near the New Mexico border.

The court holds that under the Hobbs Act, only an aggrieved "party" can obtain judicial review of a Commission licensing decision.

To qualify as a "party," the Atomic Energy Act requires you to be a license applicant or to have successfully intervened in the licensing proceeding.

The 5ht Circuit's decision is reversed, and the court does not decide the underlying dispute about whether the NRC has the power to license private off-site storage facilities.

No opinions today from Jackson or Barrett.
"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
Rapier108
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#2 today is Environmental Protection Agency v. Calumet Shreveport Refining, LLC

7-2 by Justice Thomas

Gorsuch and Roberts dissent

So all remaining opinions will be Thomas or Roberts.

Quote:

The court holds that the EPA's denials of small refinery exemption petitions are locally or regionally applicable actions that fall within the exception for "nationwide scope or effect," requiring venue in the D.C. Circuit.

So the EPA's 2022 denials of requests for exemptions by some small refineries should have been filed in the D.C. Circuit, the court today holds.
"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
Rapier108
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Third today is Oklahoma v. Environmental Protection Agency

8-0ish by Justice Thomas. (Alito is recused.)

Gorsuch has a opinion concurring in the judgement only, joined by Roberts
Quote:

The Court holds that the EPA's disapprovals of state implementation plans for Oklahoma and Utah, which detail how they would comply with the Clean Air Act's "good neighbor" provision, are locally or regionally applicable actions that can be reviewed in a regional court of appeals.
"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
Rapier108
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#4 today is US v. Skrmetti

6-3 by Chief Justice Roberts

Jackson, Sotomayor, and Kagan dissent.

Thomas and Barrett have concurring opinions, and Alito has one concurring in part and concurring in the judgement.
Quote:

Court holds that Tennessee's law barring certain medical care for transgender minors (such as puberty blockers and hormone treatments) is not subject to heightened scrutiny under the equal protection clause and satisfies rational basis review.

The court upholds the ruling by the Sixth Circuit, which in turn had upheld the Tennessee law.

In its closing paragraph, the Roberts opinion says that this "case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound."

But the court's role, Roberts says, is "only to ensure that" the law "does not violate" the equal protection clause. "Having concluded that it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process."
The entire ruling is 118 pages and absolutely correct. It is a matter for the states and the people, not the feds.
"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
Rapier108
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Roberts still reading from his opinion so it might be a while to find out what is next.

Will be worse if Sotomayor decides to read her entire dissent from the bench.

The next opinion can only be from Roberts or per curiam.
"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
will25u
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Rapier108 said:

#4 today is US v. Skrmetti

6-3 by Chief Justice Roberts

Jackson, Sotomayor, and Kagan dissent.

Thomas and Barrett have concurring opinions, and Alito has one concurring in part and concurring in the judgement.
Quote:

Court holds that Tennessee's law barring certain medical care for transgender minors (such as puberty blockers and hormone treatments) is not subject to heightened scrutiny under the equal protection clause and satisfies rational basis review.

The court upholds the ruling by the Sixth Circuit, which in turn had upheld the Tennessee law.

In its closing paragraph, the Roberts opinion says that this "case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound."

But the court's role, Roberts says, is "only to ensure that" the law "does not violate" the equal protection clause. "Having concluded that it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process."
The entire ruling is 118 pages and absolutely correct. It is a matter for the states and the people, not the feds.
Good, now all the states should ban transgender minor EVERYTHING.
Rapier108
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Sotomayor still going.

"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
Rapier108
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#5 today is Perttu v. Richards.

5-4 by Chief Justice Roberts

Barrett dissents, joined by Thomas, Alito, and Kavanaugh
Quote:

The question before the court in this case was whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial regarding whether they first fully pursued their claims in the prison grievance process when the disputed facts about whether they did so are intertwined with the underlying merits of their claims.

The case was filed by a Michigan inmate who contends that he was the victim of sexual abuse at the hands of a prison official. That official, the inmate says, prevented him from, and punished him for, filing grievances about the sexual misconduct. The Sixth Circuit ruled that the inmate's claims could go forward.

Today the court affirms the Sixth Circuit's decision.

"Because nothing in the PLRA suggests Congress intended to depart from that practice" of sending common issues to the jury in cases of intertwinement, "we hold that parties are entitled to a jury trial on PLRA exhaustion when that issue is intertwined with the merits of a claim protected by the Seventh Amendment."
As usual, criminal cases often make for odd majorities.
"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
HTownAg98
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And that was the last one.
Aggie Jurist
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Thank you! Scotusblog is terrible at giving opinion summaries at the end of an opinion day. This was very helpful.
agracer
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Appreciate you posting all this, but would it be possible, maybe, please, to post a plain English language translation for some of these more complicated opinions for those of us that don't speak legalize ??
techno-ag
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agracer said:

Appreciate you posting all this, but would it be possible, maybe, please, to post a plain English language translation for some of these more complicated opinions for those of us that don't speak legalize ??


If the libs are for it, it's bad for America.
If the libs are against it, it's good for America.
Trump will fix it.
YokelRidesAgain
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techno-ag said:


If the libs are for it, it's bad for America.
If the libs are against it, it's good for America.
Disagree on the criminal case. Too many times justices who fancy themselves "strict constructionists" vote in favor of government overreach if it involves criminal actions.

The transgender care decision is outstanding, however.
will25u
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BusterAg
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Rapier108 said:

#4 today is US v. Skrmetti

6-3 by Chief Justice Roberts

Jackson, Sotomayor, and Kagan dissent.

Thomas and Barrett have concurring opinions, and Alito has one concurring in part and concurring in the judgement.
Quote:

Court holds that Tennessee's law barring certain medical care for transgender minors (such as puberty blockers and hormone treatments) is not subject to heightened scrutiny under the equal protection clause and satisfies rational basis review.

The court upholds the ruling by the Sixth Circuit, which in turn had upheld the Tennessee law.

In its closing paragraph, the Roberts opinion says that this "case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound."

But the court's role, Roberts says, is "only to ensure that" the law "does not violate" the equal protection clause. "Having concluded that it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process."
The entire ruling is 118 pages and absolutely correct. It is a matter for the states and the people, not the feds.
Hooray for Federalism!
It takes a special kind of brainwashed useful idiot to politically defend government fraud, waste, and abuse.
Rapier108
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will25u said:


The FBI needs to be arresting these idiots.
"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
HTownAg98
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Aggie Jurist said:

Thank you! Scotusblog is terrible at giving opinion summaries at the end of an opinion day. This was very helpful.

The summaries posted here are a carbon copy of the live chat from scotusblog.
Aggie Jurist
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Quote:

The summaries posted here are a carbon copy of the live chat from scotusblog.
Yes, but if you aren't there for the live chat, scrolling through it is a mess. The interface is terrible.
Rapier108
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They've done better on their live blog, and the staff keeps their personal opinions out of it, for the most part. There is one person always on there "SCOTUSBlog Groupie" who constantly spews leftist tripe, but he isn't a mod. The one extremely far left mod seems have been told to keep his opinion to himself during the live blog.

If they had continued, I would have found another source.

If their after decision commentary sucks, I don't care. Their basic summaries of the decisions during the live blog are short, to the point, and so far, basically neutral which is all I care about.

I'm not doing to write a long, detailed summary of each decision. I don't have time nor the desire to go that far into detail.
"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
akm91
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Hope all these lunatics gets visits from the appropriate law enforcement offices.
BTKAG97
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Pixyl needs to be thrown down a deep, dark hole and forgotten. That is one evil POS.
YokelRidesAgain
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Prison. Give it to him (?).
Pinochet
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YokelRidesAgain said:

Prison. Give it to him (?).

Helicopter ride. Give it to him.
captkirk
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YokelRidesAgain said:

Prison. Give it to she/they him (?).
FIFY
YokelRidesAgain
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captkirk said:

YokelRidesAgain said:

Prison. Give it to she/they him (?).
FIFY
Zer pronouns might be it/its, bigot!
fightingfarmer09
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Rapier108 said:

will25u said:


The FBI needs to be arresting these idiots.


At this point I'm certain that those idiots work at the FBI.
Cougar11
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fightingfarmer09 said:

Rapier108 said:

will25u said:


The FBI needs to be arresting these idiots.


At this point I'm certain that those idiots work at the FBI.
but but the dude in Minnestoa might be MAGA/16 cm and libs.
agracer
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will25u said:


The real hypocrisy here is that Pixyl would not have a clue about "transgender care" just 5 years ago.
agracer
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techno-ag said:

agracer said:

Appreciate you posting all this, but would it be possible, maybe, please, to post a plain English language translation for some of these more complicated opinions for those of us that don't speak legalize ??


If the libs are for it, it's bad for America.
If the libs are against it, it's good for America.
while in general I would agree...just would like some better understanding of the rulings and what it means for your average American.
MaroonStain
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will25u said:




KASHHHH
YokelRidesAgain
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agracer said:

while in general I would agree...just would like some better understanding of the rulings and what it means for your average American.
With the exception of the transgender health care decision, today's rulings generally concern technical questions of where cases can be brought, what kind of proceedings are required, and who has standing (e.g., a potentially valid claim) to request judicial review. These are important questions to the parties and to the ordered administration of justice (SCOTUS would not be reviewing them, otherwise), but unless you are a party to these or very similar suits, the practical impact on the average American is none.
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