Justices Split Again On COVID-Related Dispute | SCOTUSDaily Will Return In September!
July 31, 2020
WHATEVER YOU SAY, BOSS|
Yesterday SCOTUS blocked a lower court order that eased deadlines allowing an Idaho political action committee more time to gather necessary signatures during the pandemic for a ballot initiative. This is the latest example of the high court deferring to state officials, rather than lower-court judges, in how to deal with election- and coronavirus-related issues. It’s not clear exactly how the vote broke down from SCOTUS, but at least five of them had to agree on the action. JUSTICES SONIA SOTOMAYOR and RUTH BADER GINSBURG dissented, but the unsigned order didn’t state how THOMAS, BREYER, and KAGAN voted.
NOW YOU'VE GOT THE SHIVERS|
Greg Stohr with Bloomberg reports on the exclusive series Joan Biskupic with CNN brought us this week in which she exposed some of the justices’ internal deliberations over landmark cases this term. Stohr notes, “The revelations are likely to send a chill through a court that is normally among the most leak-proof institutions in Washington. Biskupic’s stories included information known to only a handful of people — the nine justices, their law clerks and office assistants and perhaps the justices’ spouses and closest outside confidants.”
SECRETS DON'T MAKE FRIENDS|
In The National Law Journal, Dylan Hosmer-Quint with Fix the Court argues that if CHIEF JUSTICE JOHN ROBERTS really wants to defend the Supreme Court’s legitimacy, then he shouldn’t hide behind unsigned orders.
UMPIRES OR PLAYERS?|
Fix the Court is lamenting the judiciary’s decision this week to table an advisory opinion that would have prevented federal judges from being paid members of the liberal American Constitution Society and the conservative Federalist Society, and from judges taking on leadership roles in those organizations. GABE ROTH, Executive Director of Fix the Court, said in a statement: “Judges who maintain formal affiliations with these organizations send signals to the public they’re active players on one of two ideologically motivated teams. There’s nothing wrong with having these teams, but judges should refrain from putting on either side’s uniform.”
TA TA FOR NOW|
SCOTUSDaily will be going on its annual August break, taking a breather after this historic Supreme Court term. We’ll be back in your inbox in September. Until then, stay safe and sane out there!