Supreme Court Watch: Reasonable with a Mix of Concern

The first of maybe three opinion days gave liberals some positives but a shade of concern. How much? To be determined.

The first was a splintered (including splitting the liberals) decision involving the rules of personal jurisdiction, which is an important legal matter.  Since five justices didn't agree with all of the opinion, particularly Alito leaving open some other grounds in another case, it's also not totally clear just what was decided. 2023 term avoids bigger results again.

Kagan crafted a majority in a dispute involving the rules to determine liability for "true threats."  The justices were concerned about line drawing during the oral arguments. They were here.  Sotomayor and Gorsuch thought Kagan's approach was not speech friendly enough.  Barrett and Thomas were the only ones who fully dissented.  Was too much rope given to possible online harassers.  Prof. Mary Anne Franks thinks so.  

Chief Justice Roberts had the biggest case: the "independent state legislature" case.  Three conservatives thought the case should have been deemed moot.  Roberts (in ways some who liked the results deemed iffy) found a way not to.  He also rejected the strongest form of the doctrine. State constitutions very well can determine the reach of the legislative actions in federal elections.  Good result?  

Well, there is a poison pill left in which gives federal courts more power to determine if state courts went too far.  A vague rule is raised without the matter being truly addressed: "state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.”

Whatever that means.  Kavanaugh would just full blow take the Rehnquist Bush v. Gore concurrence.  What five justices would do if the matter is fully decided is unclear.  It does leave the federal courts some room for trouble.  And it is just unclear why that rule should be there.  

Religious liberty, affirmative action, and student loans still to be decided.  There will be an opinion day on Thursday.