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

Tuesday, May 26, 2026

SCOTUS Order List

The weekly Order List had some interesting bits.

The justices decided the appeals court wrongly decided on procedural grounds a lawsuit involving the free speech rights of immigration judges (not Art. III judges). Thomas (with Barrett) also disagreed on the merits. Free speech fails, for now. 

[The backstory is that the administrative process was broken because of Trump's obstructionism. Helped b by the court conservatives. The lower court tried a workaround and was called out.] 

The justices, following standard practices since at least the 1970s, rejected even accepting a "bill of complaint" involving a dispute among states. 

Thomas (with Alito) took their usual stance (reasonable) that they should at least examine the merits. They also added some right-wing comments on the merits of a dispute involving undocumented people having driver's licenses. 

Kavanaugh would have taken a dispute involving arbitration (New York Football Giants v. Brian Flores). He didn't comment on why. 

Alito and Thomas would have summarily reversed a lower court opinion involving excessive force and the Fourth Amendment. They cited a lower court opinion they "essentially" agreed with. 

Alito (no comment), Kagan, and Jackson (referencing ethical guidelines) did not take part in deciding three cases.  I continue to prefer the latter approach. 

Finally, in a "to be continued" sort of way, a lower court continued to reject a redistricting map, holding it is racially discriminatory. The Supreme Court, with the liberals dissenting, sent it back. 

It is likely to come back.  

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Meanwhile, this is an interesting discussion of the Supreme Court's relation with social media, including suggestions on how it can dip its toes in.

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