SCOTUS Watch

O'Connor

Justice O'Connor laid in repose (public allowed) and there was a (private) memorial service. Kennedy was there, but for whatever reason Breyer (who usually pops up in public ceremonies) and Souter (more private) were not present. William O. Douglas' fourth wife (now around 80) did come.

(Live video was available on YouTube for the memorial service, if not via the Supreme Court website.)

New Legislation 

Steve Vladeck, who has been involved in this area of law, noted:

But no one in the media appears to have noticed that one of the provisions in the 973-page [defense] bill would also reform the Supreme Court’s statutory jurisdiction over courts-martial—so that the justices’ ability to review a military conviction will no longer depend upon whether the Court of Appeals for the Armed Forces (CAAF) had itself chosen to hear that case.

(Meanwhile, President Biden expanded the reach of his earlier marijuana pardons. Good. 

He only handed down eleven other clemency actions. Not as good. We need a broad reform of the pardon system given the state of our criminal justice system.) 

More Thomas Grift

ProPublica has yet more on Clarence Thomas' grift, here involving complaining about not getting paid enough. I question how serious any threats of retirement were. Did he really want to suddenly try to make money as a normal corporate attorney or something?  Still, it does appear to be an important early link in his dealings with billionaires and such.

Insurrection News 

As a Trump criminal case was briefed, the Supreme Court has a new thing to worry about. The Colorado Supreme Court has decided (state law plays a significant role) that Trump is illegible to be on the ballot because of the insurrection provision. 

The general conclusion is that SCOTUS now has to take the case. The ruling is not that surprising after the district court held that he committed insurrection. 

It dodged disqualifying him by holding a president is not an officer covered. The logic would seem to cover vice presidents, including John Breckinridge, a Confederate general.  It's a silly argument. 

For those who are saying Democrats are behind this, the challenge involves those eligible to vote in the Republican Primary. There is a big "to be continued," including perhaps other state courts. 

Overall, there are many different aspects to this case. It is a good idea to break down the argument and look at the different aspects. I did that in the past so won't do it here. 

Meanwhile, for now, the Supreme Court did not grant the special counsel's request to decide Trump's (extremely weak) immunity claims before judgment. The court of appeals scheduled oral argument in early January.  

Environmental News 

SCOTUS is already starting to schedule things for February 2024. They are holding a rare argument to determine if a stay should be granted regarding an environmental regulation. 

Maybe, Steve Vladeck's shadow docket talk is moving the need or something. Why February? Well, there might be some new Trump stuff to deal with in January.  

Up Next 

The next official thing is the end-of-year Chief Justice report on the judiciary that drops on New Year's Eve.