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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, March 25, 2024

SCOTUS Watch: Order List

We had a basically bland six-page Order List

Nonetheless, there rarely is not some mildly interesting tidbit. For instance, Kavanaugh recused without saying why, leaving Kagan and Jackson as the ones who have said why since the ethics guidelines dropped. 

Also, Gorsuch and Kavanaugh would have taken a case involving this question (again, it would be useful if the Order List had live links to the docket page):

The question presented is whether the Antiquities Act authorizes the President to declare federal lands part of a national monument where a separate federal statute reserves those specific federal lands for a specific purpose that is incompatible with national-monument status.

The president has broad powers to protect federal lands, which with the current Secretary of Interior has benefited Native Americans in particular. It does not appear that this specific case involves that issue specifically. 

Gorsuch cares a lot about Native Americans. He also supports the restriction of the federal administrative state. A brief in opposition by the Soda Mountain Wilderness Council alleges the challenge is an attempt to use a small issue to challenge the Antiques Act. Gorsuch supporting that bigger game is far from surprising. 

The case has been pending since November. This is also a red flag that someone was interested. Inside baseball. 

We also have the usual things that some people might wonder about. For instance:

The motion of petitioner for leave to proceed in forma pauperis is denied.

Thus, a docket fee is required. It does not say WHY it was denied. The request has a breakdown of the person's finances, including a reference to living in a homeless shelter. It's a small thing. But, I would appreciate it if they provided more clarity.  Is a separate notice sent to the person saying more?  

I will end with my usual request for a basic FAQ (linked to the Order List) providing a basic explanation of the usual aspects of a typical Order List. This would include a proviso since people are still confused that not taking a case does not mean they "decided" the issue adjudged below. 

There will be oral arguments this week. A conference will be held on Thursday (Friday is Good Friday) with another Order List next Monday. We might have miscellaneous orders before then. 

ETA: SCOTUS has been speeding along draft bound copies of opinions. The bound copy notes on the bottom of the file if there were any revisions. This replaced the old system where revisions were noted on a separate column of the opinion chart. There is now a link to a revision (one word) in a case. 

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