SCOTUS Watch

Trump Immunity Case

I referenced this earlier but I'll repeat myself to put things all in one post. 

Trump's lawyers requested a stay last Monday, the last day to do so before the circuit opinion went into effect. The government quickly replied. And, then Trump's side replied. Speed is possible when desired. 

The quick reply allowed the Supreme Court to take up the matter in their Friday conference. One assumption was that if they cared to grant the stay, they would do so on Friday. This is a common approach. Then, the Order List involves run-of-the-mill stuff. On the other hand, this is a special matter.

Regardless, no action was taken on Friday.  

To remind you, if you go to the Docket Page (the main Docket Page link under the "Case Documents" tab; SCOTUSBlog helpfully provides case pages with a direct link), you can find proceedings and orders related to the case. 

Now, there is a service where if you click the envelope icon on the case's docket page, email updates will be provided as things occur. BTW, the docket page link on my blog sometimes doesn't work if you directly click it. If you cut and paste the URL, it will work. 

Friday Odds and Ends

SCOTUS released the April argument schedule. April is the final month of oral arguments.

Alito released an "administrative stay," which holds up a case so the request can be examined, in a bankruptcy matter. 

[Lifted on 2/22.]

The solicitor general's request to take part in three oral arguments was granted. 

Wednesday 2/21 was announced as a possible (let's grant it will be) opinion release day. 

Meanwhile 

The Senate Democrats have still not submitted those subpoenas to Leonard Leo and Harlan Crow. A third person early on cooperated, making that subpoena unnecessary. These two cooperating is not likely. What is the hold-up? 

A preview of the issues that will be covered in an argument this week. It involves environmental regulations, an area the Barrett Court has interfered with in recent years. It has some procedural complexities, including a rush to judgment to hear the case. An oral argument, over action the shadow docket might be said to be a "see Steve Vladeck" move. 

Also, a major development in the New York fraud case:

On Friday, New York state Judge Arthur Engoron handed down the verdict in Donald Trump’s civil fraud case. Engoron ordered Trump, Donald Trump Jr. and Eric Trump, along with other officers, to pay more than $360 million. Trump himself is banned from running any corporation in New York for three years; his sons are banned for two.

This guy is the favored Republican candidate for president. To add one more wrinkle, his ever-increasing financial issues only encourage his financial grift, including the use of foreign money supplies (see, e.g., emoluments issue). 

Sure. That is what we want in a chief executive. 

Order List 

After the day off for Washington's Birthday (not President's Day), we have a list of Supreme Court orders. The list was long (if it's over 10-15 pages, it is suggestive) because various justices added dissents and statements. 

Thomas dissented regarded provided a statement regarding a rent control law, saying he is open to the challenge. Sotomayor (with Jackson) dropped a statement respecting a habeas case. Kavanaugh showed interest in the matter in the past. Four votes are necessary for taking a case. 

Alito dropped a statement to complain gay rights somehow interfere with religious liberty as if a range of sexual questions (including divorce) with religious connotations did not exist long before gay rights were protected. 

The case involved the recusal of a person with religious views that reasonably implied bias in the specific case. Read the state opinion here.

Alito (with Thomas) dissented from denial in a case involving an alternative to race-based affirmative action. Gorsuch in a past procedural order supported a stay but did not join their dissent. The duo argues the motive and effect is racially discriminatory. The actual factors are not (at least if you simply read them). 

The case has been closely observed since there is a never-ending fight over such matters, including how far the anti-affirmative action movement will go. The original plan relied on tests. Then, it changed to the use of various factors, which is claimed to burden Asian Americans. 

ETA: Mark Joseph Stern (Slate) flagged five justices recused from various orders -- Roberts, Alito, Kagan, Barrett, and Jackson. Only Kagan and Jackson provided reasons. 

Next Up

We have oral arguments, an opinion day, and another conference scheduled this week.  

ETA: The opinions were short (by Jackson and Kavanaugh) and unanimous (Alito and Thomas added concurrences) opinions on double jeopardy and maritime law.