Today’s order list, 1 new case granted.
XIULU RUAN v. UNITED STATES
Held: Section 841’s “knowingly or intentionally” mens rea applies to the statute’s “except as authorized” clause. Once a defendant meets the burden of producing evidence that his or her conduct was “authorized,” the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner. Pp. 4–16.
BREYER, J. delivered the opinion of the Court, in which ROBERTS, C. J., and SOTOMAYOR, KAGAN, GORSUCH, and KAVANAUGH, JJ., joined. ALITO, J., filed an opinion concurring in the judgment, in which THOMAS, J., joined, and in which BARRETT, J., joined as to Parts I–A, I–B, and II.
This decision requires that the government must prove a mens rea of culpability before convicting a physician of illegally prescribing controlled substances. This is the absolute correct decision here.
CONCEPCION v. UNITED STATES
Held: The First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence. Pp. 6–18.
SOTOMAYOR, J., delivered the opinion of the Court, in which THOMAS, BREYER, KAGAN, and GORSUCH, JJ., joined. KAVANAUGH, J., filed a dissenting opinion, in which ROBERTS, C. J., and ALITO and BARRETT, JJ., joined.
Again, I agree with the Court and note the very interesting lineup of Justices. Thomas and Sotomayor. Interestingly, Thomas would have assigned that case to Sotomayor as the senior Justice in the majority.
KENNEDY v. BREMERTON SCHOOL DISTRICT
Held: The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. Pp. 11–32.
GORSUCH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, and BARRETT, JJ., joined, and in which KAVANAUGH, J., joined, except as to Part III–B. THOMAS, J., and ALITO, J., filed concurring opinions. SOTOMAYOR, J., filed a dissenting opinion, in which BREYER and KAGAN, JJ., joined.
They don’t say it in so many words, but I think the Supreme Court has FINALLY overruled Lemon once and for all, which would be absolutely ■■■■■■■ fantastic. Lemon has always been a “lemon” of a decision. More importantly, the Court rules that the Establishment Clause is not a blunt club with which to destroy the Free Exercise Clause and Free Speech Clause.
Sotomayor’s dissent does say it in so many words, btw.
A very good day at the Supreme Court.
Four decisions left, the Supreme Court could finish for the year either tomorrow or Wednesday.