The Supreme Court’s December sitting began this week with oral arguments in six cases. One of those cases concerns the first Second Amendment challenge to reach the Court in ten years. However, much of the discussion at oral argument pertained to mootness—that is, whether the case should be dismissed since it’s no longer really a live case. The Court also denied a stay of execution, added to its docket an intriguing First Amendment case out of Delaware, and declined to grant the Trump administration’s request to resume executing federal prisoners. Finally, Justice Ginsburg entered a one-week administrative stay in one of President Trump’s tax returns cases—the third one to reach the Supreme Court. Here’s your recap of what happened at the Supreme Court this past week.
And thus ends the Supreme Court’s October Term of 2018. As I suspected last week, the finale came with a bang. This week, the Court issued decisions in some of its most high-profile cases all term—decisions in cases concerning the 2020 census; partisan gerrymandering; the First, Fourth, Fifth, Sixth, and Twenty-First Amendments; federal criminal law; and Auer deference under administrative law. It also released two sets of orders, in which it added a whopping 21 cases to its docket for next term. So as the curtain falls on O.T. 2018, we anxiously await the first Monday in October and the beginning of O.T. 2019. Here is your brief for the week of June 24.