We’re back with the nightcap of today’s doubleheader, consisting of summaries of Moody v. NetChoice (No. 22-277), an important First Amendment case that turned into an important case on facial constitutional challenges; City of Grants Pass, Oregon v. Johnson (No. 23-175), in which the Court concluded that many western cities’ “camping bans” do
Loper Bright Enterprises v. Raimondo (No. 22-451), Corner Post, Inc. v. Board of Governors of the Federal Reserve System (No. 22-1008), Securities and Exchange Commission v. Jarkesy (No. 22-859), Ohio v. Environmental Protection Agency (No. 23A349)
Last fall, if you asked commentators what OT23 was going to be about, chances are they would have said “the administrative state.” But things took a bit of a turn when circumstances in the lower courts conspired to fill out the Court’s docket with high-profile (and practically unavoidable) cases on Trump, abortion, Trump…
Murthy v. Missouri (No. 23-411), Moyle v. United States (No. 23-726)
In Murthy v. Missouri (No. 23-411) and Moyle v. United States (No. 23-726), Justice Barrett cemented her new role as the leader of a Coalition of the Unwilling (to adjudicate on the merits), joined by Justices Sotomayor and Kagan (and sometimes Jackson) on the left and the Chief and Justice Kavanaugh on the right.
Harrington v. Purdue Pharma L.P. (No. 23-124), Fischer v. United States (No. 23-5572)
This morning, the Court issued the final three decisions of OT23:
- In Trump v. United States (No. 23-939), a 6-3 Court held that a former President enjoys absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority and has at least presumptive immunity for all official acts. That standard means
Vidal v. Elster (No. 22-704) and Chiaverini v. City of Napoleon, Ohio (No. 23-50)
The Court issued four significant decisions this morning:
- Harrington v. Purdue Pharma L.P. (No. 23-124), holding (5-4, with an interesting “horseshoe” alignment) that the Bankruptcy Code does not authorize nonconsensual releases of claims against nondebtors, thereby scuttling a bankruptcy plan that would have released claims against the Sackler family in exchange for
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