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Thursday, June 25, 2020

Virtual SCOTUS: Sotomayor Birthday Edition

SCOTUS had four opinions to release as well as the ten from May. Following the current "one or two a day" policy, one was handed down today. Happy Birthday Justice Sotomayor -- she wrote a dissent (joined by Kagan) honoring protecting the rights of immigrants. Alito (as expected of the three who did not write a February argument opinion; now we have Roberts and Breyer with a chance Breyer will somehow write for the case on abortion) said they didn't have judicial review rights asked for here. Breyer/RBG tried to limit it to this case.

It was announced that there will be opinions on Monday and Tuesday, which at this rate might deal with pre-May though one or more May opinions probably can be ready. Meanwhile, Ohio got a stay that blocks collection of signatures from being done in an easier fashion given the Big V for the time being. The Supreme Court denied w/o comment a request to lift it. Consistency. They had a conference today as well.

ETA: Did not intervene in the Texas mail-in ballot/26A dispute either though Sotomayor said she hoped the lower court would deal with it before the November elections. There is a local election coming up though. As she notes, it is a novel issue, so it is not really horrible for SCOTUS not to intervene now though some on Twitter, e.g., found it so very horrible. Judgment calls there can be hard. Also, added a conference and order day next week which is suggestive of the end of the term, but that would be rather a rush job.

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