SCOTUS Watch: Court adds review of DACA to its 2019-2020 term

The 2019-2020 U.S. Supreme Court term is slowly shaping up to be a momentous one, dropping a bombshell or two into the 2020 presidential campaign. The Census case is not over, and could return as early as this summer, or in early October. As Dahlia Lithwick and Mark Joseph Stern note at Slate: If there … Read more

SCOTUS Watch: partisan gerrymandering is ‘non-justiciable,’ and Census case is remanded to Commerce Dept.

I’m going to take today’s decisions out of order, and review them by relevance instead. As I expected, the two partisan gerrymandering cases (Lamone v. Benisek and Rucho v. Common Cause) were combined together into a single opinion. The court has for years avoided addressing the issue of partisan gerrymandering, with former Justice Kennedy suggesting that … Read more

SCOTUS Watch: the conservative justices continue to attack the doctrine of stare decicis (updated)

The U.S. Supreme Court issued four decisions today. That leaves a dozen cases to be decided next week, beginning on Monday. There will be additional decision days next week. The first opinion is a 7-2 decision in Flowers v. Mississippi, by Justice Kavanaugh joined by Justices Roberts, Ginsburg, Breyer, Alito, Sotomayor and Kagan. Justice Alito … Read more