SCOTUSblog (@SCOTUSblog )

SCOTUSblog

Bio A private blog. NOT THE JUSTICES OR THE COURT. Contact: feedback@scotusblog.com. Sponsored by @casetext.
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Account created 10-09-2008 21:18:43
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Twitter Web App : Chief Justice Roberts often invokes the virtues of judicial restraint -- and he did so again in his concurrence in June Medical v. Russo. But does the chief practice what he preaches? Jane Schacter has this analysis in the latest entry in our symposium: scotusblog.com/2020/06/june-m…

Twitter Web App : Yesterday's June Medical decision is a victory, National Womens Law Center's Gretchen Borchelt says in our symposium, but "not the victory Roe v Wade and its progeny demand" & will lead to "more instances of judges upholding abortion restrictions that should be struck down." scotusblog.com/2020/06/sympos…

Twitter Web App : As part of our continuing symposium on yesterday's June Medical decision, legal scholar Erika Bachiochi says that Roberts' opinion is "not nearly so simple" & endorses "Casey’s 'substantial obstacle test' – which the four dissenting justices also support." scotusblog.com/2020/06/sympos…

Twitter Web App : And Sotomayor argues that the court should not have decided this case at all, because the scholarship program at issue no longer even exists, having been struck down by the Montana Supreme Court.

Twitter Web App : Breyers dissent (joined in part by Kagan) worries that the majority decision may lead to unwarranted entanglement and conflict between church and state by, in essence, requiring states to support religious schools if they decide to subsidize any nonpublic education.

Twitter Web App : Justices Ginsburg, Breyer and Sotomayor each write separate dissents, totaling 37 pages. Ginsburg (joined by Kagan) says theres no free exercise problem because the decision on review simply eliminated the scholarship program altogether -- meaning the state action is neutral.

Twitter Web App : Justice Alito writes a concurrence to highlight the anti-Catholic origins of state Blaine amendments like the one at issue here. He even includes an 1871 political cartoon to show the bigotry toward Catholic schools at the time.

Twitter Web App : Justice Thomas writes separately in Espinoza to express his long-held view that the federal establishment clause does not apply to the states. Notably, Justice Gorsuch joins Thomas concurrence.

Twitter Web App : Roberts majority opinion in Espinoza hinges on a provision of the Montana constitution that bars state money from going to religious schools. Roberts says that provision, as applied here, violates the free exercise clause of the U.S. constitution.

Twitter Web App : That's it for today, folks. No more opinions. 8 cases outstanding, and we are headed for July opinions for the first time since 1996. We'll let you know as soon as we do about the next opinion day. We expect orders on Thursday.

Twitter Web App : Here is the 5-4 opinion from Chief Justice Roberts in Espinoza v. Montana Department of Revenue with separate dissents from Ginsburg, Breyer, and Sotomayor supremecourt.gov/opinions/19pdf…

Twitter Web App : #SCOTUS rules 5-4 that Montana’s exclusion of religious schools from state scholarship program funded by tax credits violates federal Constitution

Twitter Web App : Here is the 8-1 opinion from Justice Ginsburg in United States Patent and Trademark Office v. Booking.com B.V. supremecourt.gov/opinions/19pdf…

Twitter Web App : #SCOTUS rules that the addition of “.com” to a generic term can create a protectable trademark

Twitter Web App : Good morning, folks! We’ve got back-to-back opinion days with more opinions expected at 10 am today. Join us as we live blog what comes in starting at 9:20 am. 10 cases remain including Trump’s taxes and faithless electors. scotusblog.com

Twitter Web App : In our symposium on June Medical, Richard Blumenthal says the case shows why Congress should protect reproductive rights. "The fact that we are today celebrating that the Supreme Court, by a hair, came to the obviously correct conclusion is cause for concern." scotusblog.com/2020/06/sympos…

Twitter Web App : The chief justice's decisive concurrence in June Medical "will likely operate to sharply check the ongoing efforts of opponents of abortion regulation," Idaho Deputy AG Cynthia Yee-Wallace predicts in the first post in our symposium on today's decision: scotusblog.com/2020/06/sympos…

Twitter Web App : No time to plow through all 279 pages of opinions the court released today? Amy Howe's got you covered. Here are Amy's analyses of today's decisions:

June Medical: scotusblog.com/2020/06/opinio…

Seila Law v. CFPB: scotusblog.com/2020/06/opinio…

USAID v. AOSI: scotusblog.com/2020/06/opinio…

Twitter Web App : Thomas, Alito, Gorsuch, and Kavanaugh all filed separate dissents. Heres Alitos opener:

Twitter Web App : Roberts joins the four liberals. He says Whole Womens Health, the 2016 case about a near word-for-word similar abortion law in Texas, controls this case—even though Roberts continues to think Whole Womens Health was wrongly decided.