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.
Editor’s Note: In light of the COVID-19 pandemic, the Supreme Court remains closed to the public. The building is open for official business only. Some March and April oral arguments have been rescheduled for teleconference in May, and filing deadlines for petitions have been extended. The Justices are conducting their private conferences remotely. Orders and opinions continue to be issued as scheduled, but the Justices will not take the bench.
The Supreme Court is entering a Brave New World (putting aside Aldous Huxley’s unnerving depictions of a utopian future). On Monday, the Court announced that it will hear oral arguments via teleconference in ten cases that had originally been postponed due to COVID-19. In the process, the Court will make the argument’s audio live to the entire American public for the first time in history. This week’s brief is short, but it details the Court’s symbolic gesture.
This was the third and final week of the Court’s inter-sitting recess. Headlines this week came from the Court’s decision to allow the Trump Administration to enforce its new “public charge” immigration rule nationwide—over the dissent of four Justices (including a seven-page dissenting opinion from Justice Sotomayor). Here’s your brief for the week of February 17.
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.