Like the Court, itself, we’ll close out OT23 with Trump v. United States (No. 23-939), a highly consequential (and arguably consequentialist) decision on presidential immunity from criminal prosecution. As you all know by now, the Supreme Court, in a 6-3 decision authored by the Chief Justice (with important concurring opinions by Justice Thomas and
Smith v. Arizona (No. 22-899), Erlinger v. United States (No. 23-370), Department of State v. Muñoz (No. 23-334)
The Nine closed out OT23 with their so-called “clean-up conference” last Tuesday, issuing multiple GVRs in cases controlled by recent opinions and granting cert in five new cases for OT24. We’ll attend to some clean-up of our own with this penultimate Update of the term, covering three decisions that were somewhat obscured amidst the end-of-term…
Moody v. NetChoice (No. 22-277), City of Grants Pass, Oregon v. Johnson (No. 23-175), Texas v. New Mexico (No. 141, Orig.)
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