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

Monday, January 25, 2021

SCOTUS Orders

Another low drama orders day though it is aggravating that the emoluments clauses cases were declared moot. Gorsuch and Thomas would have taken a case involving the former Speaker of the NY Assembly. They also sent back a dispute regarding the right to have a minister at one's execution for review. An issue they repeatedly dealt with summarily, perhaps, it is time for full review. The one decision was a declaration in effect that they shouldn't have taken an arbitration dispute.

Looking up the docket numbers, the two parties agreed that their relief were tied to Trump being in office, but it still is aggravating the clock was allowed to run out. There should be some way for some party to have standing today regarding damages for him violating the emoluments provisions. They are in place for just such reasons. Ultimately, it is now up to Congress to pass legislation that does a better job enforcing such requirements, including disclosure laws. Note: Congress still has not received Trump's tax returns.

Other actions might be handed down, but they are now in winter recess.


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