SCOTUS: Order Day

Alito Follies 

Of course, the big SCOTUS news that arose since they handed down opinions last Thursday was the Alito controversy. I have written about this, including updating my original remarks as I processed what was happening. it continue to provide lots of fodder. 

Chris Geider has a whole new thing -- did Alito vote with his portfolio after the latest trans scare thing popped up? 

Human Rights 

I read a well-written young adult book (it was updated recently, but I did not read that version) entitled The Universal Declaration of Human Rights by Susan Muaddi Darraj. I recently cited the declaration in one of my recent posts on health care since health care is one of the rights covered. 

Various covenants were ratified to help enforce the rights. The U.S. signed and ratified one involving individual rights. The economic and social rights covenant was signed by the U.S., but the U.S. Senate never ratified it. 

(We might still be obligated to follow it since it is recognized as binding international law.) 

A treaty is the law of the land. Internationally accepted human rights also influence the meaning of constitutional provisions. The Supreme Court has repeatedly cited international norms to flesh out the meaning of the Cruel and Unusual Punishment Clause. The Ninth Amendment is another provision for which the Declaration of Human Rights is relevant. 

Order List 

The Order List was an unexciting six pages. What stands out for me is that Kavanaugh and Jackson both did not take part in the consideration of one of the cases not taken for review. Jackson only said why. 

Steve Vladeck tweeted about this. It involved a GITMO case (a special concern of his professionally) and their previous service on the D.C. circuit, where those cases generally arise.  

Vladeck opposes going too far in court reform if what is proposed will be deemed "partisan" and/or will hurt the integrity of the Court. What isn't deemed "partisan" these days? And, without serious change, the integrity is hurt now.

The guy wrote a book on Court follies but I am left to believe deep down he is accepting of a bad Court that is just somewhat more reasonable about things.