SCOTUS Watch: Order Day

While we, as noted yesterday, on in the "final countdown," SCOTUS is back to remind us how the courts on on the ballot. The oral argument today might have been dull but they can't avoid that.

Today's Order List, which is (as usual) not too fascinating has various reminders of this fact. Some lower court cases are disposed of with reference to SCOTUS cases involving administrative law and gun regulation. (Amy Howe has more.)

Court personnel and the federal government's position in these cases are significantly affected by who controls the other two branches of government. 

Jurisdiction is noted in two cases involving the use of race in districting with oral argument pending. Election cases are one of the few areas where Congress restricted the Supreme Court's ability to pick and choose what cases to take. Liberals regularly hold their breath in such cases.

One case involving immigration law was granted. Riley v. Garland might have a different caption (name) when the case is handed down. It is likely that whoever wins that we will have a new attorney general.  Let's see how this one is judged.

There is also a short per curiam that sends back a case involving intellectual disability and the death penalty to clarify what the lower court meant. Thomas and Gorsuch would have taken the case now. The case had been "relisted," suggesting some complications behind the scenes. This result feels like a compromise that kicks things down the road.  

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Today's Strict Scrutiny Podcast talked about Alito and the princess, which is the stuff they (especially Meghan Markle fan, Melissa Murray) LIVE for. One wrinkle is a possible violation of the Titles of Nobility Clause. Sure, why not? 

Steve Vladeck talked about presidents and justices in his weekly substack. And, what is a Vladeck post without a helpful spreadsheet?

President Biden had one justice vacancy to fill while Trump had three. Let's not give him two more.