SCOTUS Watch

After the holiday, the Supreme Court dropped a nothingburger Order List. As usual, only liberals explained why they did not participate in certain cases.

EPA Cases 

The two argument days were nothing too hot-button, though one was yet another EPA case that might cause some problems. EPA cases seem to get five or six justices going, all concerned about overreach. 

They also finally got around to a stay request (after 2.5 months according to Steve Vladeck) in a set of EPA cases. Thomas (without comment) would grant. Kavanaugh (with Gorsuch) felt they had a good case to some degree but there was no immediate burden. 

So, they joined the rest to deny the stay. Alito did not take part for whatever reason.  Five votes would have to agree to the stay. Hard to see them counting to five there. Not sure what the delay was regarding announcing the result. 

More Oral Arguments 

There was also an oral argument involving an immigrant -- SCOTUS over the years taken many cases involving various questions involving them -- which has a human interest story. 

Gorsuch is regularly a possible "get" when the federal government is involved. I don't know how the technicals will fall out though the under fifty-minute argument time is notable. 

We had a procedural case involving pet food last week. This week it was medicinal marijuana. Neither involves the merits of the issues though the subject matter is likely to catch some eyeballs. 

It is also notable that the oral argument involved two women advocates because there is still an imbalance between men and women advocates. Lisa Blatt, a veteran SCOTUS advocate, went against Easha Anand, an up-and-comer with progressive bona fides.

Justice Follies 

More on that report on how the FBI screwed up the Kavanaugh investigation with links to a lot more about what is wrong and otherwise doubtful about his nomination. I might not think all of them are compelling but there is way too much smoke for there not to be some fire. 

Trump = a conservative justice. It in no way had to be him. And, the overall thing was a slipshod usage of the Senate confirmation process. The Republicans should have some agency and have to answer for it. Again, the Supreme Court is on the ballot. 

Kavanaugh reminds us of how the Thomas hearings were a mess. Thomas then became -- I don't know of any hint of what was to come -- ethically compromised with all his financial dealings, including some that might violate multiple criminal laws. A special prosecutor would be warranted. If Kamala Harris won in November, would that be a possibility?

[A good ethics process would have a procedure that requires such an appointment when a certain quantum of evidence -- which appears to have been reached in spades -- has been met.]  

We referenced Gorsuch's FOX News-type anti-regulation book here in the past. Another article shows how it is a slanted (where are all the cases where liberals are hurt?) hack job.  

Upcoming 

There is an order list scheduled for Monday after a conference this Friday. 

SCOTUS then goes on a mini-break from scheduled conferences, order lists, and oral arguments until November. Miscellaneous orders and other behind-the-scenes stuff is possible.   

Meanwhile, we now know the cases scheduled for December, including a major trans rights case.