More SCOTUS News

Conference Day: Thursday was the day the Supreme met for their conference.  There will be an opinion day on Monday -- with over 25 opinions left, it makes sense to release a few a week until late June.  See below for an update on the below post.

The Presidential Commission on the Supreme Court of the United States had its first public meeting, basically to deal with preliminaries. One thing it did was to flag the areas it will cover:

Then several of the members summarized the five areas that the commission will study: (1) the genesis of the reform debate, including why reforming the Supreme Court has been a debate throughout the nation’s history and what factors contribute to the debate of late, (2) the court’s role in our constitutional system, including debates about the scope of judicial review and the authority of the court to invalidate the acts of the other branches of government, (3) length of service and turnover of justices, (4) membership and size of the court, including proposals to expand the size of the court, and (5) the court’s case-selection process, the shadow docket, and the court’s interactions with the public.

The White House page for the commission provided video as it occurred, unlike the actual SCOTUS.  I think this commission can be useful, both to inform and perhaps push the conversation and maybe a few actual reforms (such as ethics).  It provides a national platform that the public can watch, which puts the issues out there.  The fact the commission isn't supposed to set forth proposals to me doesn't erase its value.  

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There is some more talk about Justice Breyer, including some thought that he might not want to retire now since it would cause partisan divisions that will hurt the Court.  To me, it would make more sense for him to retire now, which would be a normal practice and lower the temperature a bit while some of those most angry will find it appealing that a younger black woman will take his slot.  Just holding one of the three seats liberals have really won't mean too much, but there are also a few lower court slots (including court of appeals) opening.  

Anyway, there is the fear some Democrat will die or something and thus losing the majority.  But, let's say he wants to retire in 2022. That is an election year.  That will invite problems.  Why would he want to be there when two major cases (guns and abortion) are likely not to go the way he likes?  One person not too dubiously suggested Breyer just likes him job and doesn't want to let it go.

He also is supposed to have a new book out that seems to cover the ground of his recent big speech.  Just retire -- RBG is dead, so keeping on her now is a bit gratuitous, but yeah, he better fucking retire in June.  Yeah.  Look at me.  Tough guy.  But, it's time.  I granted RBG a bit of lack given everything taken into consideration; we saw what happened.  Breyer used to work for Senator Kennedy.   He should care a bit about the risk of not retiring now.  It does come off as stupid and selfish if he holds on. 

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Quintin Jones (20) murdered an elderly relative after she would not give money for drugs.  That was in 1999.  His supporters say Jones turned his life around in prison, and is remorseful.  And, those supporters include relatives, including a sister of the victim. They opposed executing him. "What about the victims?"  The legal claims raised arguments of mental disability and questions on the use of expert evidence.  A reporter in an interview referenced the problems of proving future dangerousness.

If the legal claims were not strong enough (especially given current doctrine), it would not surprise, but I believe that the Supreme Court should always at least provide a brief explanation in a capital case for these final appeals.  None this time; none from Breyer or Sotomayor (who is more likely to at least drop a statement) either.  Just a standard denial.  He was then executed, the first state execution of the year, and without media witnesses for I guess Big V related reasons.  

The federal executions in January were patently corrupt affairs. This was the first state execution since last July.  It was not patently corrupt. It was more typically arbitrary.  The guy at twenty murdered a family member for drug money.  The family doesn't want him executed.  Over twenty years later, they execute him.   To what end?  Worse of the worst? Come on.  

ETA: It turns out the media did not view the execution because of some mix-up that led them not being called.  

Texas is meanwhile passing a ridiculously extreme abortion ban that is particularly bad since it has a broad opening to make civil claims for violating the law.  This is disgusting and all that, but it is a bit tiresome that some people do the usual bit about them being "pro-life" (sneer).  

A big year -- which hasn't happened recently -- for executions is around 100.  In 2017, there were 140 abortions in Wyoming.  Put aside some sense of perspective (or even "thou shall not kill" didn't mean no death penalty -- the same book lists lots of capital crimes), the numbers involved here are ridiculously different.  If you want to complain, complain about Texas' social welfare system, including caring for parents and children.