Supreme Court decisions (6/13/22) - 5 decisions, 1 order list, no abortion, no guns

Today’s order list, no new cases, one dissent from denial of certiorari by Sotomayor.

Although 28 U. S. C. §1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases are not such adjudicative bodies.

The Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.

Title 8 U. S. C. §1231(a)(6) does not require the Government to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.

Title 8 U. S. C. §1252(f)(1)—which generally strips lower courts of “jurisdiction or authority” to “enjoin or restrain the operation of ” certain provisions of the Immigration and Nationality Act—deprived the District Courts of jurisdiction in these cases to entertain respondents’ requests for class-wide injunctive relief.

The term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law; because Kemp’s motion alleged such an error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s 1-year limitations period.

The Supreme Court will be back on Wednesday, June 15 for more opinions.

I wanted to explore one decision of today a bit farther, that being Denezpi v United States.

The above link is to the Opinion of the Court. Justice Barrett wrote for the 6 to 3 majority, joined by the Chief Justice and Justices Thomas, Breyer, Alito and Kavanaugh. Justice Gorsuch dissented, joined by Justices Sotomayor and Kagan, except for Part II of the dissent.

The Gorsuch dissent begins on page 17 of the linked pdf file. It is not terribly long and bears reading. I agree with the Gorsuch dissent in full. I also agree with Gorsuch’s opinion that the Court of Indian Affairs should be ■■■■ canned in its entirety as an unconstitutional mess.

I agree with Justice Gorsuch that the dual sovereign exception to the double jeopardy clause is a mistake and that the dual sovereignty in this particular case goes from being just a mere mistake to a full fledged sham.

The Supreme Court should have ruled in the Petitioner’s favor and vacated his second, United States District Court, conviction with prejudice.

You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions”,

Why hasn’t Schumer been indicted? Answer…cuz it wasn’t Trump who said this.