SCOTUS Watch: Almost To October 2023 Term

Justice Sandra Day O'Connor retired from the Supreme Court in 2006 and from public life after another decade or so (spending some time filling in on the courts of appeals). 

She retired from public life after her health issues were too severe and many probably would be surprised she was still alive. She is. Senator Dianne Feinstein did just die. She "left on her own terms" according to one congressional reporter. In a fashion.  

Meanwhile, the Supreme Court is getting ready for the first Monday in October, the opening of a new term. A "long conference" occurred to catch up and various grants were announced. There are some interesting and somewhat important matters here. The biggest case concerns regulating social media and just what that would entail remains to be seen. 

The Supreme Court, if not so far by simply posting a press release, reported it will continue live streaming of oral arguments. (If you go to the calendar on the website and click a day with arguments, you see the notation.) 

Of course, they continue to be tainted ethically, particularly Justice Thomas. Some self-regulation here, even if Justice Kagan supports and it and Kavanaugh make noises, is not enough. We need a congressional law where the justices don't just say "trust us." Checks and balances warrant more than that.  It does not violate the separation of powers to enforce "good behavior" in this relatively minor way.  

The current majority also was obtained corruptly. The Rehnquist and early Robert Court had some dubious aspects. But, putting aside Thomas to some degree, they were appropriately selected and confirmed. This is what makes the ethics problems even more galling. 

They are not willing to do the bare minimum, including ala Chief Justice Warren pressure someone to resign. Would Warren, who pushed Fortas out for less, not even show up for a Senate hearing? The guy headed the Kennedy Assassination Commission. 

The justices, without comment, refused a request to hold up the Alabama racial districting process. This is just one case and there are still ways to delay. But, it is in a small way a good sign that blatant action is rejected. 

An order was also dropped in regard to two cases:

"The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted." 

There also was a lingering bookkeeping matter involving Justice Alito continuing an "administrative stay" (a temporary hold to look over something) regarding a Fifth Circuit case. This ran out on Wednesday in the midst of some confusing procedural developments below. 

The new term starts on Monday and Florida is due to execute someone on Tuesday. Time marches on.