SCOTUS Watch: Order Day etc.

The next meeting of the Presidential Commission on SCOTUS will be on 11/19. Following the link to the public notice:

The purpose of this meeting is for the Commissioners to vote on amended by-laws and deliberate on revised discussion materials that will inform the report the Commission is charged with preparing pursuant to Executive Order 14023.

I'm not sure what changes in the by-laws is involved here. Will that be notable? There was a report that the final report will be delayed until mid-December. I guess, along with the infrastructure package (finally passed on Friday night) and bigger "Build Back Better" package (delayed for yet another reason, now some selective concern about a CBO score for financial reasons ... who the hell cares? everyone is in debt somewhow, it's how you use the money), there are delays everywhere.

As regularly now the case, the Supreme Court released substantive results of a Friday conference (basically grants) Friday afternoon separately from the Monday order list. The most notable grant might be taking a "Bivens" case, which is a federal damage remedy that SCOTUS back in 1971 said was based in constitutional principles. But, since then, there was a continual practice of restricting the reach of such claims. Without taking the offer of just burying Bivens, this case might block even more claims. 

There are various constitutional based cases being heard this week (breadth of the right to have religious ministers in the death chamber also arises from a federal statute, RFRA). Strict Scrutiny Podcast flagged an important one that might be lost in the shuffle involving unequal benefits given to people who reside in Puerto Rico.  The equity involved has a hidden danger too of expanding the power of conservative judges. 

I think you can draw a line here pretty easily regarding powerless -- equality of states?  heck Puerto Rico has no votes in Congress -- suspect classes, especially ones with racial and wealth inequities.  The Biden Administration says they oppose this on policy grounds, but are defending it on legal grounds. Fine line there.  He asks for Congress to change the policy, but doesn't sound like they have yet. 

Anyway, perhaps we will see at least Sotomayor attack the Insular Cases though perhaps you do not really need them to uphold this policy.  As noted in the  podcast and briefs, the Supreme Court in a pair of per curiams upheld the policy while still saying that equal protection principles do apply to Puerto Rico.  There just are rational grounds (at least) for the policy, allegedly.  Without delving into it, they seem rather weak, but when dealing with economic policy, the Supreme Court doesn't need much.

Order List day was boring today.  State secrets, or a possible opt out, had two hours of argument time.  Not sure why.  We already had a secrets related case involving torture.  This one was somewhat less horrible, so maybe it offers a mild way to limit it.  We shall see.  Also a copyright case.