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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, June 03, 2024

SCOTUS Watch: Order List

The Order List was so vanilla that I did not even have a chance to criticize a conservative for not explaining their recusal. There is one grant:

Issue: Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.

We do have a bit of Alito news. A liberal-leaning professor (who does not cite him by name on her webpage) called him out to recuse in an op-ed. She respected him, well, at least until Dobbs:

As a former law clerk to Justice Samuel A. Alito Jr., I often admired him as a person for his integrity and honesty. As a progressive liberal, however, I vehemently disagreed with the approach he takes to reading the Constitution, the narrow interpretation he adopts, and his reverence for the framers’ restrictive intent.

Federal judges and justices have had many clerks over the years, so it is not surprising that a newspaper found one to write an op-ed. I suppose these days, Alito might check more closely ("Okay, do you watch MSNBC?"). 

I only know about this because Josh Blackman over at Volokh Conspiracy is obsessed with the whole thing ("Say her name!"), having about five posts during the controversy insisting there is nothing to see here. It's all a lefty plot! 

Another liberal-leaning law professor (a former Kennedy clerk) has an analysis of Alito's property law views. It might shock you, but Prof. Dorf thinks he is wrong about something. 

Finally, there was a typo in the NRA opinion, which they corrected. There used to be a new practice where revisions were cited in a separate column. They stopped doing that. 

I'm unsure why they corrected a few cases while others waited until the preliminary bound copy (now done much faster) was released. If you click a bound copy (it has a volume and page number next to it) link, go to the bottom of the file, and it will say if there are any corrections. 

We have more opinions on Thursday. It would not surprise me if something else pops up, including more on Alito. 

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