4 decisions this morning, no Calls for the Views of the Solicitor General, no new grants.
With these 4 decisions, 12 cases remain to be decided as the Supreme Court enters its final week on Monday. I would not be surprised to see 4/4/4 on Monday, Tuesday and Wednesday.
Holding : The trial court at Flowers’ sixth murder trial committed clear error in concluding that the state’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.
Judgment : Reversed and remanded, 7-2, in an opinion by Justice Kavanaugh on June 21, 2019. Justice Alito filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined as to Parts I, II, and III.
This overturns Flower’s death sentence and his underlying conviction, the State of Mississippi can choose to retry him if they wish. I agree with this opinion, given the total background of this case, you could see a lot of preemptory strikes being used to eliminate black jurors. If it looks like a duck…
Holding : The presence of in-state beneficiaries alone does not empower a State to tax trust income that has not been distributed to the beneficiaries where the beneficiaries have no right to demand that income and are uncertain to receive it.
Judgment : Affirmed, 9-0, in an opinion by Justice Sotomayor on June 21, 2019. Justice Alito filed a concurring opinion, in which Chief Justice Roberts and Justice Gorsuch joined.
Holding : In a prosecution under 18 U. S. C. §922(g) and §924(a)(2), the government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm.
Judgment : Reversed and remanded, 7-2, in an opinion by Justice Breyer on June 21, 2019. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.
Holding : A government violates the Takings Clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U. S. C. §1983 at that time; the state-litigation requirement of Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, is overruled.
Judgment : Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2019. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.
This opens the Federal Courts up for Taking Clause cases, which heretofore have had to be litigated first in State Courts. I agree on this outcome.
