SCOTUS Watch: Part 1 of At Least Three

Orders: The order list was not notable.  After I first posted a form of this entry (so, you know, this will be edited some over the day probably), for whatever reason, they dropped an additional order that formally nixes challenge to Trump-era "remain in Mexico" policy after Biden administration abandons the policy.  Without dissent, it is declared moot.  We are left to guess, but this has a feel of them saying this order is a bit more notable, which is why it is separate. 

Student Athletes: So, moving to opinions, the most newsworthy one [typos later found] is not too surprising -- NCAA can not deny student athletes the ability to get certain types of compensation. Gorsuch adds a bit on how they only were judges, so the opinion only goes so far.  Blah blah.  Yes, I appreciate that sentiment up to a point, but not sure how much I believe it coming from some people.

I was somewhat more sympathetic to non-profit rules, but it seems even there the rules were applied in an unreasonable way. Congress can always fix this.  A bit more -- Kavanaugh had brief concurrence that is getting support saying that the athletes have a strong case.  Not the first time his interest in sports got some attention.  But, college athletes is complicated.  For instance, tuition, training, experience, and a chance to be pick for a professional league all provide some sort of "compensation" that is not going to be treated the same way as some other businesses. 

Appointments: Maybe, the judges should have took that judicial restraint mood to heart in another case involving the rules for appointing patent judges. Roberts for a fractured Court with Thomas joined (in part) by the liberals dissenting on the merits. [Barrett majority alert.]The Roberts Courts have been active in finding rules for agency removal and appointments that don't quite seem to be there. Like we don't need MORE petty confirmations.  And, even if that is not specifically at issue, the administrative state had various types of positions where some flexibility is both allowed and warranted.  Unless clearly compelled, Congress should have a lot of flexibility here to set forth the rules. 

And Also: The other case regarded rules for class actions. Separately, Sotomayor and the High Federalists didn't go along all the way with Barrett's opinion. She shouldn't be there. In a just world, it would be dealt with somehow. Anyway, this term, her vote mattered for the shadow docket. More here on why her vote in the the patents case was important.  Twelve cases left.