SCOTUS Watch: Order List

The big news is the first oral argument this term involving executive removal power. It didn't go too well for text, history, sane public policy, and restraint of executive overreach (e.g., Trump).

First, there was an Order List. Among the usual housekeeping, there were a few notable things.

Mark Joseph Stern noted on Bluesky:

The Supreme Court just set aside a 2nd Circuit decision upholding New York's requirement that all school students, public and private, obtain certain vaccinations, without any religious exemptions. It orders the 2nd Circuit to reconsider the ruling in light of SCOTUS' LGBTQ school books decision.

The case involves New York changing its vaccine exemption rules after a measles outbreak. Note that the "LGBTQ" decision was not "only" about gays, lesbians, and trans people. It provided open-ended religious opt-outs. 

Someone else summarized a brief per curiam:

Doe v. Dynamic Physical Therapy, case 25-180. This time, a summary reversal. Doe claimed discrimination in medical care because he was HIV positive. Louisiana courts ruled that the state-declared COVID emergency barred his claims. Medical providers have broad immunity during a health emergency. The Supreme Court said the state can't overrule federal law like that and remanded to allow the petitioner to lose under federal law instead of state law.

(A person commenting at Volokh Conspiracy.)

This was a second brief, unsigned opinion that, in part, baldly cited the Supremacy Clause as if the lower court didn't understand that it existed. In both cases, I doubt that it is true. They didn't think it blocked their analysis. 

I think SCOTUS might have benefited from providing a bit more analysis on why the lower court was incorrect. 

Anyway, meanwhile, Sotomayor dropped a statement agreeing with a denial (briefly noting why) while pointing out something about the beyond a reasonable doubt rules.  

Kagan and Alito recused in two cases. Kagan explained why she did so. Kagan also explained what is wrong with the current removal law in her Seila Law dissent. New dissent pending.