SCOTUS Watch: Order List

A ten-page Order List with various odds and ends.

Chris Geidner notes on Bluesky:

Also in today’s orders, SCOTUS sidesteps ruling on private enforcement of Section 2 of the Voting Rights Act, sending two cases back for post-Callais reconsideration. Jackson dissents, pointing out that Callais had nothing to do with private enforcement and saying she would have summarily reversed.

Rick Hasen summarized:

Justice Jackson dissented from the order, on the sensible grounds that Callais did not consider the right to sue question. Of course, the stakes are much lower now that Section 2 is essentially dead no matter who sues.

(His colleague was more sympathetic.) 

Also, a cert grant (per Geidner):

The Supreme Court takes up a case over whether employees of federally funded schools can sue to enforce Title IX’s sex discrimination bar. 

Kavanaugh, without comment, noted he would have granted cert. in another case. If you do a docket search (on another page since the Order page does not provide links):

Whether a multiemployer pension plan that terminated through mass withdrawal before the 2020 plan year is eligible for Special Financial Assistance under 29 U.S.C. 1432(b)(1)(A).

Alito and Barrett didn't take part in the examination of a couple of cases. Again, only Kagan and Jackson regularly explain why they do that. 

Sotomayor added a brief statement noting that she agreed with the court not taking a criminal case because the government admitted error and the defendant received all that was requested for. 

The next thing on the schedule is an opinion day on Thursday. Next week's orders will be on Tuesday because of the holiday. 

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I agree with Steve Vladeck that justices should show up more in front of Congress. Court reform includes multiple things, including some that should have bipartisan support. This is one such proposal.