SCOTUS Thread (News and Discussion) III: Abandoning 90 Years of Precedent

[archibaldcrane]

Article dropped

https://twitter.com/JustinElliott/st...CfI8FoDoA&s=19

[Byrthnoth]

+10 points for throwing in that Scalia was also on the take but without making a big enough deal out of it that it felt like slandering the dead.

[Tyche]

SCOTUS drop Thursday. Major cases that could be decided.

Biden v Nebraska/Myra v Brown - Student loan cases

Students for fair admissions v Harvard and UNC - affirmative action for college admissions

303 creative v Elenis - gay cakes part 2

Moore v Harper - independent state legislature theory which could have far reaching election implications, including, some believe, allowing legislatures to overturn election results (a fear that's probably overblown, but could still have huge effects on gerrymandering, voter registration, etc).

[Kaslo]

This Navajo Opinion is not great. It feels like the majority are trying to make a statement against Indian trust rights...

[Outlaw]

The affirmative action case will get struck down. Thomas hates affirmative action.

Sent from my SM-A505U1 using Tapatalk

[Tyche]

US v Texas, court rules state does not have standing. 7-1 ruling. I love a lack of standing decision. Give me more.

[Tyche]

Welp, next week gonna be wild. All the good shit gonna fall. I am a bit more optimistic about student loans given the overwhelming majority in US v Texas. Different case and much different details, but the states suing the Biden administration absolutely do not have standing for the same reason.

[Dotsudoku]

haven't been paying much attention, does this case determine whether or not Biden's (10k?) loan forgiveness goes live?

[Tyche]

US v Texas was an immigration and deportation case which essentially ruled that the states didn't stand to gain any benefit for a favorable ruling, lost on standing.

DoE v Brown/Biden v Nebraska will decide student loans and the decision will come next week, likely Thursday or Friday.

Moore v Harper and the college admissions cases are also huge cases that will undoubtedly have significant societal impacts.

303 creative v Elenis is interesting. In the Gay cake case a few years back, the court didnt really rule on the merits of whether the bakers exercise of free religion and first amendment rights were violated, but that the Colorado law and adjudication was a bit dickish and hostile...and that violated the bakers first amendment rights. This case should actually make a determination is religious free exercise allows for discrimination. There's other specific differing details since this is about making a website. In the cake case the baker could make 2 identical cakes and he would refuse to sell the same cake to a gay couple. The website requires, maybe, some artistic discretion on behalf of the designer. Possibly some custom writing.

[Kaslo]

https://twitter.com/DerekWBlack/stat...886445568?s=20

[kuronosan]

I feel set up for disappointment

[Yabby]

O don't worry, it is coming.

[Tyche]

Decisions drop in ~15min. 10 decisions left this week.

[Tyche]

Moore v Harper drop. SCOTUS reject independent legislature theory.

[Tyche]

6-3 decision. Thomas, Gorsuch, and Alito dissented. Court states that legislatures do not get to avoid ordinary judicial review of constitutionality.

[Mertron]

Thomas, Gorsuch, and Alito dissented.

lol

im at work, if you can find the dissent and post it plz thx

[Tyche]

https://www.supremecourt.gov/opinion...-1271_3f14.pdf

Dissent starts pg39

[Kaslo]

I believe it's basically a mootness dissent, since the NCSC Reversed the decision before SCOTUS could rule.

[kuronosan]

Whew, which means student loans will definitely get struck down.

[Guitarman]

Oh absolutely, and i'm going to be blood-boilingly angry when it is. But democracy is intact for the moment.