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 Well, after the Court agreed to decide the case, the gun law at issue was repealed.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.
As the January sitting came to a close, the Court made headlines in its orders list on Monday. Five Justices voted to allow the Trump Administration to temporarily enforce its new “public charge” immigration rule. Four Justices dissented. Justice Gorsuch (joined by Thomas) wrote an opinion supplementing his yea vote. Beyond this, the Court added an original jurisdiction, water-rights case to its docket and denied an application for a stay of execution. Here’s your brief for the Week of January 27.
In March of 2018, Secretary of Commerce Wilbur Ross announced his intention to add a citizenship question to the 2020 census. A collective group of eighteen states, the District of Columbia, cities and local governments, and several non-governmental organizations filed suit, claiming that the Secretary’s decision violated the Enumeration Clause and the Equal Protection Clause of the Constitution, and certain provisions of the Census Act and the Administrative Procedure Act. On Thursday, June 27, on the final day of its October Term of 2018, the Supreme Court issued its long-awaited decision in the case. Here is my discussion of Chief Justice John Roberts’ opinion for the Court in Department of Commerce v. New York.