SCOTUS Watch

Order List

The Order List was a bland housekeeping bill. 

Amy Howe referenced a dispute involving Cuba that the justices asked the solicitor general to provide an opinion on. 

Trans Military Ban

(Gay USA photo)

More notably, if sadly not surprising, the Court (without comment) lifted a stay of Trump's offensive anti-trans military policy. The liberals (without comment) dissented. 

Mark Joseph Stern provides details, including a reminder that SCOTUS split the same way in 2019. That policy, however, was not as offensive, only stopping new recruits. 

Emily Schilling is the lead plaintiff declared:

I did two tours in Iraq and Afghanistan. 60 combat missions. Later, I went on to be a test pilot, and then the meritorious promotions. I have been at the pinnacle of naval aviation. I think I am proof that we are qualified to serve.”

These are the people the Administration is disgustingly calling unfit liars for not accepting "their true natures." The order is already having a major effect, with this article talking about a thousand trans people being part of a "voluntary separation" process. 

C-SPAN Asks for Video 

In the old days, the goal was to have audio or same day audio. Now, we have same day audio.

C-SPAN asked John Roberts to allow video for the upcoming procedural themed birthright citizenship oral argument next week. Good luck with that though it is a reasonable request.  

Many lower federal courts, state supreme courts, and foreign supreme courts allow video. Spoiler alert: when they release opinions and have their oral argument next Thursday, we won't have video.

RIP Souter

David Souter has died at age 85. He was one of my favorite recent justices, even though I was wary about his nomination when it was first announced. C-SPAN has a useful Souter page.  

When the Supreme Court rises for the summer recess this year, I intend to retire from regular active service as a Justice, under the provisions of 28 US.C. § 371(b)(l), having attained the age and met the service requirements of subsection(c) of that section. I mean to continue to render substantial judicial service as an Associate Justice.

The Washington Post has a good obituary. One thing some liberals liked is that "he knew when to retire," easier for someone who hated D.C. and liked a low profile. Souter continued to serve in the Court of Appeals (Breyer is there now) until 2020. 

He was a quiet, principled man who cared about civics. It is fitting and proper that he was born on Constitution Day (September 17).

And, yes, his Yankee Republican values appeal to me. This includes both his politeness, restraint, and general ethics. I'm more okay with computers. His famous Harvard speech showed the reality of a Constitution that develops as society does. 

A former clerk, Julian Davis Mortenson‬, on BlueSky noted: "Justice Souter was a great man, and he was a decent man. And he knew which was more important." He also had a quiet sense of humor. 

The Nine cited an example showing his style:

Souter also had an unpublished dissent in the Citizens United case, which was reargued after he resigned. Richard Hasen flags an earlier opinion that represents support of campaign finance laws. This shows that he had some firm beliefs and did not just take every case as it came. See also his strong separatist views on religious liberty and federalism dissents.  

His joining the liberal/moderate wing (it took him a bit of time to kick in, as seen in early cases like Rust v. Sullivan) led to the cry of "no more Souters," though the shock somewhat confuses me. He was a New Hampshire Yankee Republican whose leading sponsor was a moderate Republican. 

He also guarded his privacy, including beyond where it should have been secured: 

Of the much-debated concept of installing cameras in the court, Justice Souter quipped, “Over my dead body.”

Will they allow cameras next week? Too soon? 

The Supreme Court justices released some statements honoring Souter. They were mostly brief, perhaps recognizing he would have liked it that way. RIP.