Monday, July 1st will be the final day of the October 2023 Term.
Everything has been decided from the December through January sittings.
February
Corner Post v. Board of Governors of the Federal Reserve System, No. 22-1008 [Arg: 2.20.2024]
Issue(s): Whether a plaintiff’s Administrative Procedure Act claim “first accrues” under 28 U.S.C. § 2401(a) when an agency issues a rule — regardless of whether that rule injures the plaintiff on that date — or when the rule first causes a plaintiff to “suffer legal wrong” or be “adversely affected or aggrieved.”
Moody v. NetChoice, LLC, No. 22-277 [Arg: 2.26.2024]
Issue(s):(1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.
NetChoice, LLC v. Paxton, No. 22-555 [Arg: 2.26.2024]
Issue(s): Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.
March
none
April
Trump v. U.S., No. 23-939 [Arg: 4.25.2024]
Issue(s): Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.
7 by Roberts
7 by Thomas
4 by Alito
7 by Sotomayor
7 by Kagan
6 by Kavanaugh
6 by Gorsuch
6 by Barrett
5 by Jackson
4 by per curiam
It seems likely that Alito got some (two, possibly three) major cases taken away from him by the Chief Justice in punishment for the embarrassment he heaped on the court this year. My guess is that Thomas got one of the cases and Barrett got the other one. That he has only 4 cases when even Jackson has 5 is a sign that he was deliberately snubbed.
It will be unlikely we see anything on Alito’s flagpole in the future, except an American Flag, flown right side up. If he wants major cases, he better figure out how to shut his wife up.
I think it moves us closer to Unitary Executive nonsense.
But the real show of illegitimacy is that they didn’t even rule on the immunity question brought before them.
That they gave this ruling…. And which even though in the opinion is some real scary ■■■■■ overall is no duh decision released on the last day after it was sat on for four months.
I haven’t read the opinion yet, admittedly, but wasn’t it necessary to kick it back down to the lower court to decide whether the acts were official or unofficial? I don’t think that factual determination was ever adjudicated, so not before them?