Trump Immunity Case
Trump's lawyers requested a stay on 2/12, the last day to do so before the circuit opinion went into effect. The government quickly replied. And, then Trump's side replied. Speed is possible when desired.
The quick reply allowed the Supreme Court to take up the matter in their Friday conference. One assumption was that if they cared to grant the stay, they would do so on Friday. This is a common approach. Then, the Order List involves run-of-the-mill stuff. On the other hand, this is a special matter.
Regardless, no action was taken as if this writing. Keep track here.
(For some reason, the link does not appear to work when you click it. If you copy and paste the URL, it will work for you.)
Friday Odds and Ends
SCOTUS released the April argument schedule. April is the final month of oral arguments.
Alito released an "administrative stay," which holds up a case so the request can be examined, in a bankruptcy matter. It was lifted on 2/22.
The solicitor general's request to take part in three oral arguments was granted.
Wednesday 2/21 was announced as a possible (basically a given) opinion release day. To skip ahead, the opinions were short (by Jackson and Kavanaugh) and unanimous (Alito and Thomas added concurrences) opinions on double jeopardy and maritime law. SCOTUSBlog discussed them, basically saying they were mundane, unsurprising opinions.
Meanwhile
The Senate Democrats have still not submitted those subpoenas to Leonard Leo and Harlan Crow. A third person early on cooperated, making that subpoena unnecessary. These two cooperating is not likely. What is the hold-up?
Also, a major development in the New York fraud case:
On Friday, New York state Judge Arthur Engoron handed down the verdict in Donald Trump’s civil fraud case. Engoron ordered Trump, Donald Trump Jr. and Eric Trump, along with other officers, to pay more than $360 million. Trump himself is banned from running any corporation in New York for three years; his sons are banned for two.
This guy is the favored Republican candidate for president. To add one more wrinkle, his ever-increasing financial issues only encourage his financial grift, including the use of foreign money supplies (see, e.g., emoluments issue).
Sure. That is what we want in a chief executive.
Order List
After the day off for Washington's Birthday (not President's Day), we have a list of Supreme Court orders. The list was long (if it's over 10-15 pages, it is suggestive) because various justices added dissents and statements.
Thomas dissented regarded a rent control law. Sotomayor (with Jackson) dropped a statement respecting a habeas case. Kavanaugh showed interest in the matter in the past. Four votes are necessary for taking a case.
Thomas did not dissent. He was one of multiple justices who provided a "statement" that shows he still thinks the matter troubling. He thinks in the appropriate case, the matter should be taken up for review. This is a bit of a nuance, but it is helpful to be clear about it.
Alito dropped a statement to complain gay rights somehow interfere with religious liberty as if a range of sexual questions (including divorce) with religious connotations did not exist long before gay rights were protected. The case involved the recusal of a person with religious views that reasonably implied bias in the specific case.
[Read the state opinion here.]
Alito (with Thomas) dissented from denial in a case involving an alternative to race-based affirmative action. Gorsuch in a past procedural order supported a stay but did not join their dissent. The duo argues the motive and effect is racially discriminatory. The actual factors are not (at least if you simply read them).
The case has been closely observed since there is a never-ending fight over such matters, including how far the anti-affirmative action movement will go. The original plan relied on tests. Then, it changed to the use of various factors, which is claimed to burden Asian Americans.
Mark Joseph Stern (Slate) flagged five justices recused from various orders -- Roberts, Alito, Kagan, Barrett, and Jackson. Only Kagan and Jackson provided reasons.
Oral Arguments
A preview of the issues that were covered in the potential biggest argument this week. It involves environmental regulations, an area the Court has interfered with in recent years. Strict Scrutiny Podcast also previewed the arguments in its podcast. For instance, there was an arbitration case of some importance. But, it is fair to say the EPA case (which involved national policy and over ten states) stands out.
It has some procedural complexities, including a rush to judgment to hear the case. Steve Vladeck has a good discussion, especially since it touches on concerns he has covered, including in his book on the Shadow Docket.
Next Up
Another list of orders is scheduled for Monday. We will have more oral arguments next week. A statutory case involving a federal ban on bump stocks (of guns) and two First Amendment cases (over websites) stand out.
Ivan Cantu (innocence claims) is due to be executed.
Old “Friend” Watch
As we await the start of the Trump criminal trial in NYC, Prosecutor Rachel Mitchell is trolling against DA Bragg:
Having observed the treatment of violent criminals in the New York area by the Manhattan DA there, Alvin Bragg, it’s safer to keep him here and keep him in custody so he can’t be out doing this to individuals either in our state or county or the United States.
The Arizona prosecutor has a defendant in custody for non-fatal crimes. The NY crime involves strangling and bludgeoning a Queens mom sex worker to death. A Bragg spokeswoman noted that New York’s murder rate is less than half that of Phoenix, Arizona.
If her name (or picture) looks familiar, she was the person Republicans chose to ask questions during the Kavanaugh Confirmation, after an allegation of sexual abuse arose.
The suspect was not charged for the NY crime, so the Art. IV extradition clause provision doesn't kick in. The exact rules in place are unclear. The person who helped put an unfit person on the Supreme Court is using a horrible crime as a means to troll. It's a tad disgusting.