SCOTUS Watch: Order List & Edwin Kneedler Retirement

Today's Order List is another mostly ho-hum affair.

They took one case, cited in Relist Watch, that Chris Geidner on Bluesky summarized:

The Supreme Court grants one new case for review — a case over the effects of an earlier jurisdictional ruling on the later resolution of the case — in this morning’s orders.

Raffi Melkonian, a top appellate advocate who posts online, noted it was his case, though someone else is handling the SCOTUS appeal. The details of the lawsuit, especially given HHS Secretary Kennedy Jr.'s beliefs, are notable:

First up is The Hain Celestial Group, Inc. v. Palmquist. Texas residents Sarah and Grant Palmquist filed a Texas state-law suit against Hain Celestial (a New York/Delaware food producer) and Whole Foods (a Texas-based grocery chain), alleging that their son developed autism and related disorders from consuming Hain’s Earth’s Best™ baby food — sold at Whole Foods — which allegedly contained traces of heavy metals. Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting “innocent sellers” from liability. 

(Relist Watch.) I am not saying this is why they took the case. Still, that caught my eye.

Justice Jackson recused in one of the cases covered in the Order List, noting previous judicial service. The liberals provide their reasons, unlike the conservatives. 

Wednesday brought with it the 160th—and last—oral argument in the exceptionally distinguished career of Deputy Solicitor General Ed Kneedler. Not only did Chief Justice Roberts take a moment to note the occasion (and the fact that Kneedler holds the “modern” record for appearances before the Court), but he led the justices (and the Courtroom) in a standing ovation for Kneedler. Talk about something you don’t see every day (or, really, ever). The special recognition was well-deserved.

Steve Vladeck flagged this from last week's oral arguments. The transcript does not include these comments. This is one of those things most of us do not get to experience because SCOTUS does not provide full coverage of its open court proceedings. There is no good reason that they do not.

Adam Liptak provides additional coverage, including this comment: 

“I recall that on two occasions you and I argued on the same side here, me representing a private client and you the United States,” the chief justice said. “We lost each of those cases. I’m sure it was my fault. Mr. Kneedler, thank you for your outstanding service to court and country.”

There is respect across ideological lines for Kneedler, who was a mentor to both Alito and Kagan, previous colleagues. 

There was also a reference to his remarks in a previous event, including in answer to a question about "nonpartisan representation." His reply is also notable:

Mr. Kneedler did not quite adopt the premise. “We are lawyers for the United States,” he said, “and the administration in office is the ultimate determiner of what the interests of the United States are.”

But he ended his remarks on a hopeful note. “We’re all part of a process that is leading us to a more perfect union,” he said, “which means a union in which we are coming together, not apart.”

Kneedler is 79, so he very well might not be leaving the office for the same reason as many others who are more specifically concerned about supporting this administration's "ultimate determinations." 

His professionalism over Democratic and Republican Administrations is notable in these times when that can get you in trouble. And, darn, I wish we could have at least heard those remarks/ovation. 

SCOTUS is back to oral arguments. RK flagged on Bluesky that Lisa Blatt, known for pushing the envelope, got some strong pushback. For instance, "Gorsuch specifically calling out Blatt for saying her opponent lied and is reading aloud parts of her brief angrily."  Blatt is one of those superadvocates who have been up there lots of times.

Court watchers are familiar with her m.o. But it seems that this is particularly notable even for her. 

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One thing that might trouble current career members of the Office of Solicitor General is this Administration's policies regarding undocumented Americans. 

Karla Cornejo Villavicencio's The Undocumented Americans is a very good set of case studies. Kate Shaw of the Strict Scrutiny Podcast (SCOTUS podcast) recommended her recent fiction book (inspired by KCV's life story), which I could not get into (a bit too stream of consciousness, for instance). I did complete the earlier nonfiction book.  

Footnote material: the title includes an accent over the "i." Also, a frontpiece page includes the motto "Chinga la Migra" (basically, "Fuck Ice"). Also, Kate Shaw's recommendation does provide a (weak) bridge to the above discussion!