On April 27, the Supreme Court issued its long-awaited decision in its only Second Amendment case of the term. But what some thought would be a blockbuster decision instead landed with a dull thud; six Justices voted to dismiss the case as “moot” (i.e., no longer presenting a live controversy). Why? Well, after the Court agreed to decide the case, the gun law at issue was repealed. Since the Court cannot adjudge the constitutionality of a law that is no longer on the books, the case was dead. Justice Kavanaugh penned a short concurrence, and Justice Alito authored a long, curious, and (at times) odd dissent. Here’s an in-depth analysis of the Court’s decision and the doctrine of “mootness.”
The Supreme Court handed down three decisions this week, each one consequential in its own regard. In the only Second Amendment case of the term, six Justices found the case to be, well, no longer a case—in other words, they dismissed it as moot and didn’t opine on the Second Amendment implications (see my in-depth analysis of the decision here [forthcoming]). Next, the Court slapped Congress and the Department of Health and Human Services on the wrist—along with a $12 billion tab due private insurers. Finally, a 5:4 majority barred legislators from copyrighting annotations they write to state laws. Here’s your brief for the week of April 27.
The U.S. Supreme Court will be back in session in only TWO days. With cases concerning LGBTQ+ and transgender rights, gun control, immigration law, religious liberty, environmental regulations, insanity defenses, and other topics, the Court’s term was already shaping up to be a noteworthy one. But just yesterday, the Justices added to their docket a pair of cases involving a Louisiana abortion law, a move that will put the Court ever more in the limelight in a term that stretches into an election year. With less than 48 hours until the Nine don their black robes and take their seats at the bench, here’s a brief about what the Court did this week and what is sure to come. Get ready, folks: O.T. 2019 is just about underway!