A rebuke to the Fifth Circuit from Thomas and a win for the Consumer Financial Protection Bureau. A concurrence from Kagan, meanwhile, challenges originalism. And: A Law Dork update!
love your posts which yep, I've paid for. And lovely to see the interesting crack in the idea of originalism. And really lovely to see the point that the Separation of Powers applies to the frickin judiciary.
After her less than felicitous seating, Justice Coney Barrett has and continues to emerge from beneath the cloud of disputation that has hung over her since tRump and McConnell rammed through her nomination by incrementally edging away from the Federalist Society hard-right majority, either by occasionally joining the liberal minority dissents, or taking an independent path on right -wing majority decisions. J. Coney Barrett may indeed fill the rôle of "swing vote" in closely decided Court decisions, and has shown herself to be a bit more ideologically flexible than, e.g., Kavanaugh.
Perhaps the four female jurists can in fact bring sanity to an otherwise sourly conservative majority.
Kavanaugh joined with her in the concurrence. They regularly vote together in separate opinions. Her moderation as compared to him is limited. At least a couple times in important cases, she dissented with the more conservative position than him.
She does regularly come off as a serious voice, including in oral arguments, though at times her reasonableness there is not reflected in the actual opinion.
Depends on how low the bar for sanity is I guess. It might help at the margin, but that margin is so far to the right that idk. Check back at the end of term I suppose.
Am I correct in thinking this will have an impact on the legal challenges to the new restrictions in credit card fees? If I recall correctly, the arguments against them had to do in part with the legitimacy of the funding for the CFPB. Also, will this impact other challenges to the National Labor Relations Board, which I believe has also been challenged by Elon Musk and others on the grounds of legitimacy of that agency, I think also in part on the grounds of funding?
As to the NLRB challenges, there might be something related to this, but it's more primarily related to the SEC case, which we are still awaiting. Here's my coverage of the SEC case arguments: https://www.lawdork.com/p/the-sec-case-is-really-about-congresss
Gorsuch is kind of interesting because he largely just doesn't like the government doing things. He very much seems to be a personal rights sort of person, which maybe speaks to how it was him who wrote the Bostock opinion. He's bad when it comes to regulation, but can be useful in other areas.
I so so hope to see more of Barrett being moved to the left on issues. This seemed telling to me with the mifepristone hearing. It's interesting that Kavanaugh also joined Kagan's concurrence, but at least in Barrett's case I wonder if maybe Alito's rhetoric has been maybe giving her having second thoughts on some things.
Well Son of Sam is a raging maniac, and that certainly doesn't fit with Barrett's disposition. Whereas the other two Trump justices are not likely to be bothered by it.
It is a bit curious to me that it took this long to hand down a case argued on October 3rd.
Interesting concurring opinions. Kavanaugh and Barrett repeatedly vote together separately, providing joint statements that come off as more reasonable than the far-right conservative faction.
One of the 2 was JFK appointee Byron White, who tended to make things up as he went along. The other was three-sigmas-to the-right (now centrist) Rehnquist.
love your posts which yep, I've paid for. And lovely to see the interesting crack in the idea of originalism. And really lovely to see the point that the Separation of Powers applies to the frickin judiciary.
Thank you for the hard work you continue to do reporting what is going on in the Supreme Court.
After her less than felicitous seating, Justice Coney Barrett has and continues to emerge from beneath the cloud of disputation that has hung over her since tRump and McConnell rammed through her nomination by incrementally edging away from the Federalist Society hard-right majority, either by occasionally joining the liberal minority dissents, or taking an independent path on right -wing majority decisions. J. Coney Barrett may indeed fill the rôle of "swing vote" in closely decided Court decisions, and has shown herself to be a bit more ideologically flexible than, e.g., Kavanaugh.
Perhaps the four female jurists can in fact bring sanity to an otherwise sourly conservative majority.
One lives in hope.
Kavanaugh joined with her in the concurrence. They regularly vote together in separate opinions. Her moderation as compared to him is limited. At least a couple times in important cases, she dissented with the more conservative position than him.
She does regularly come off as a serious voice, including in oral arguments, though at times her reasonableness there is not reflected in the actual opinion.
Depends on how low the bar for sanity is I guess. It might help at the margin, but that margin is so far to the right that idk. Check back at the end of term I suppose.
Thanks be to Elizabeth Warren. 🙏
Am I correct in thinking this will have an impact on the legal challenges to the new restrictions in credit card fees? If I recall correctly, the arguments against them had to do in part with the legitimacy of the funding for the CFPB. Also, will this impact other challenges to the National Labor Relations Board, which I believe has also been challenged by Elon Musk and others on the grounds of legitimacy of that agency, I think also in part on the grounds of funding?
Yes, as to the credit care late fees rule. I wrote about that here in the middle section: https://www.lawdork.com/p/trump-appointee-pittman-blasts-fifth-circuit
As to the NLRB challenges, there might be something related to this, but it's more primarily related to the SEC case, which we are still awaiting. Here's my coverage of the SEC case arguments: https://www.lawdork.com/p/the-sec-case-is-really-about-congresss
There’s also “major question” as a fallback if the more technical challenges don’t pan out.
PS respect to you for permitting free riders such as yours truly to comment. A retiree can only subscribe to so many feeds.
FYI: Here's a full update on the credit card late fee challenge: https://substack.com/@chrisgeidner/note/c-56627878
Very likely will effect that credit card fees case.
Congrats on the milestone. And I can’t wait to see what year 3 brings.
Can we now make it official that except for certain criminal defendant rights cases, Gorsuch is a full card carrying member of the wingnut faction?
Gorsuch is kind of interesting because he largely just doesn't like the government doing things. He very much seems to be a personal rights sort of person, which maybe speaks to how it was him who wrote the Bostock opinion. He's bad when it comes to regulation, but can be useful in other areas.
Yes. One being a reliable proponent of Native American sovereignty.
I so so hope to see more of Barrett being moved to the left on issues. This seemed telling to me with the mifepristone hearing. It's interesting that Kavanaugh also joined Kagan's concurrence, but at least in Barrett's case I wonder if maybe Alito's rhetoric has been maybe giving her having second thoughts on some things.
Well Son of Sam is a raging maniac, and that certainly doesn't fit with Barrett's disposition. Whereas the other two Trump justices are not likely to be bothered by it.
Wait. I was wrong.
I’ll go back to fiddling with spreadsheets.
Gorsuch and Alito seem to be bending over backwards to appease the rober barons. I wonder why🧐🤔
Congratulations🥳 and thank you😊 You're explanations are excellent.
CONGRATULATIONS!
I get truly tired of the "grifters" hiding behind the phrase "originalism".
Thank you Chris and CONGRATULATIONS! You do
an excellent job reporting on
SCOTUS and other court cases.
I have a question about SCOTUS and Circuit courts.
Once SCOTUS rules on say
a case from the 5th Circuit,
where basically the 5th loses,
do they "have" to abide by
SCOTUS ruling?
It is a bit curious to me that it took this long to hand down a case argued on October 3rd.
Interesting concurring opinions. Kavanaugh and Barrett repeatedly vote together separately, providing joint statements that come off as more reasonable than the far-right conservative faction.
Don’t tell me who the 2 no votes were. I’ll guess. Alito and Thomas.
Thomas wrote the majority opinion in fact.
You are not alone. I would have guessed the same!
One of the 2 was JFK appointee Byron White, who tended to make things up as he went along. The other was three-sigmas-to the-right (now centrist) Rehnquist.