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

Monday, June 26, 2023

SCOTUS Watch: Order List

The Order List was over ten pages, which I thought might flag separate writing. There was. There were also a few other interesting developments.

A case that they already took for full argument, involving congressional oversight, was for some reason sent back to be dismissed. Justice Jackson would dismiss it as improvidentially granted.  Neither side here explained why.  Amy Howe noted in her discussion that it was voluntarily agreed by both sides that this was the right result.  Why not say so?

The docket page provides more of a hint why the case is being handled this way.  It does not explain Jackson's reasoning. People would still have to search for the docket page. The Order List provides a convenient summary.  Just toss in a sentence or two regarding the parties agreeing.  I also would appreciate a small discussion by Jackson. If a justice goes out of their way to go on the record, I rather them explain why.

They took two cases for a full review, including one involving the reach of the Sixteenth Amendment.  Still waiting for that Third Amendment case.  

A cert request from a case from back when Sotomayor was on the court of appeals was among those denied.  Sotomayor -- on the circuit court involved -- recused without saying why.  So far, only Kagan has explained why she was recused.  Alito, Jackson, and now Sotomayor have not.  

Amy Howe discussed the cert denied that Thomas (with Gorsuch and Barrett) wanted them to take involving "hypothetical jurisdiction." Thomas is concerned that taking these types of cases interfered with the proper role of the federal courts. Thomas is who I usually go to regarding proper judicial conduct.  

It is somewhat interesting that Alito didn't go along though that can be either  (1) he doesn't care (2) there is no fifth vote, so taking the case would not really help get the result he wants.  Anyway, as of this writing, there are no more days scheduled for opinions or the like except tomorrow. 

They are not going to finish tomorrow.  So, stay tuned.  Also, not too many online sources cited in the opinions so far this term.  

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