U.S. Supreme Court: Post-Ginsburg Edition

(Sorry, I guess in this case Kagan and Gorsuch swapped ideological sides.)

that case seems very specific

Gorsuch joined the libs in dissent, though Kagan sided with the majority.

Ysleta del Sur Pueblo v. Texas is a very complicated case, but a practical upshot is that the tribe gets to offer electronic bingo at its casinos, despite Texas' efforts to shut it down.

Gorsuch once again rules in favor of tribal sovereignty. https://t.co/IAcOOMcZtN pic.twitter.com/GHzcWLOgrZ

— Mark Joseph Stern (@mjs_DC) June 15, 2022

About the only thing he cares about besides Ayn Rand.

Will there ever be a NOT 6-3 ruling in the near future?

― Eggs Benedick (Eric H.), Wednesday, 15 June 2022 14:03 (fifty-four minutes ago) link

(Sorry, I guess in this case Kagan and Gorsuch swapped ideological sides.)

― Eggs Benedick (Eric H.), Wednesday, 15 June 2022 14:04 (fifty-three minutes ago) link

that case seems very specific

― aegis philbin (crüt), Wednesday, 15 June 2022 14:15 (forty-two minutes ago) link

There are a lot of cases that are highly specific and/or not related to an ideologically hot-button issue that people just don't pay much attention to, so I don't think every case is going to be 6-3 along ideological lines by any means.

About the only thing he cares about besides Ayn Rand.

Of the six rulings today, two were unanimous, one was 8-1 (and that one was Thomas).

The final ruling is a bit unclear but seems to be a straight dismissal (with only conservative justices specifically listed but favoring San Francisco over Texas on an immigration dispute so go figure).

If a state passed a law refusing to recognize the Supreme Court this court would probably uphold their right to do so

Hush! Don't give them any ideas.

Some criticisms of Biden nominee to the 5th Circuit. There has been a vacancy for a year and he just nominated a centrist corporate attorney who became a magistrate (who is a Black woman)

Joe Biden just nominated an oil-and-gas attorney to the 5th Circuit. https://t.co/KQCPLUteCT

— Flushing Bridal Shop Worker (@OrganizingPow3r) June 15, 2022

David Dayen, American Prospect editor in chief , retweeted the above and his publication published its own criticism of some Biden judicial nominations

Joe Biden's pro-worker self-perception has not extended to his judicial nominations, particularly in the critical D.C. Circuit. He'll have another chance, as a vacancy was just announced. Here's @molly_coleman and Tristan Brown on the situation:https://t.co/aqzDqz9bZm

— David Dayen (@ddayen) June 13, 2022

if Barrett gets MRSA from an infected cilice wound and Thomas dies because God is just, 6-3 can become 5-4 real quick

NEW: Jan. 6 Select Committee Chair Bennie Thompson says they will request testimony from Ginni Thomas in light of the Eastman emails.

“We think it’s time that we, at some point, invite her to come talk to the committee.”

— Andrew Solender (@AndrewSolender) June 16, 2022

make sure the metal detector is working that day

So what happens when the wife of a SC justice (the literal rule of law, in this case) tells the committee to fuck off? (I mean, nothing will happen, but still.)

Lots of stories about Hunter Biden come out, I'd imagine

Clarence is going to coach her to say things like "I truly believed", "at the time, things were unclear", "the intent was peaceful protest", all innocuous plausible deniability shit.

Second SCOTUS ruling is a good one! US v. Taylor. Whether an unsuccessful attempted robbery counts as a "crime of violence" under a statute that makes "crimes of violence" punished severely.
7-2 Court says "NO." Written by Gorsuch. Thomas and Alito dissent.

— Elie Mystal (@ElieNYC) June 21, 2022

One thing to understand about Thomas's jurisprudence is that he basically thinks the government shouldn't be allowed to do anything other than murder criminals or (lately) murder innocent people suspected of crime. His dissent today keeps on with that tradition.

— Elie Mystal (@ElieNYC) June 21, 2022

This is kind of a fun case (in a law nerd way) because we're dealing with whether an "attempted" robbery counts as violence. Can we really know if "violence" was part of it since the robbery never happened?
Gorsuch says "Who knows?" and Thomas says "I'M TAKING CRAZY PILLS"

— Elie Mystal (@ElieNYC) June 21, 2022

Ginny is the crazy pill.

The Supreme Court's fourth decision is Carson v. Makin. This is a big one. In a 6–3 opinion by Roberts, the court holds that Maine violated the free exercise clause by refusing to provide public funding to private religious schools. https://t.co/saVbopQJyq

— Mark Joseph Stern (@mjs_DC) June 21, 2022

Here we goooooooo.

xpost Sippin' on Ginny Juice

Here is Breyer asking the next logical question: Does this ruling mean that states must provide equal funding to private religious schools and public schools? Taken at face value, Roberts' decision has the potential to dismantle secular public education. https://t.co/saVbopQJyq pic.twitter.com/ICQXbBbI6o

— Mark Joseph Stern (@mjs_DC) June 21, 2022

Carson v. Makin is a major decision with huge consequences for state funding of religion. The conservative majority holds that the First Amendment requires Maine's taxpayers to fund explicitly religious education. That is a breathtakingly radical holding. https://t.co/saVbopQJyq

— Mark Joseph Stern (@mjs_DC) June 21, 2022

Looks like it's time for the Church of Satan to start founding elementary schools and demanding public funding. "Give me your children for the first ten years, and they are mine forever," and all that.

And to think that my big thing right now is BULLDOZE THE CHURCHES OR TAX THEM

The State: We don't have any money for social services.
Any Reasonable Person: You should tax churches since they're actually political advocacy cults and have nothing to do with religion.
The State: No, what we should do is let people starve and then let white evangelical "Christians" take over everything in the country!

fuck the church, fuck God, fuck this country, i'm so sick of it.

"so what, it's just 4 years" - want to smack everybody that said that now.

^^^ otm, also "c'mon, how much damage can one guy do in four years?"

I really wish Obama had played dirty pool and recess appointed Garland (though I've read technically that wouldn't have been legal).

I'm going to terraform another planet, see y'all

white evangelicals are not going to stop until they control everything. in other words, they will never stop. they believe the entire world is theirs by divine right. they smile politely at your sin but they actually, really do, believe they are better than you

it sucks that they continue to hurt more and more people as time goes on. i wish they'd just fucking go away

(oh yeah, and they're going to whine endlessly about how they're persecuted as they do it)

Here's the thing: what if I refuse to pay taxes, as I don't want my tax dollars funding religious schools? It is *compelling* non-believers to support religious education. Talk about a *real* first amendment violation.

The fact that these massive cultish cons are able to do all this without paying taxes is astonishing to me, still. In a sense, we've been supporting them indirectly for our entire lives. Absolute fucking garbage.

from the NYT:

One of the schools at issue in the case, Temple Academy in Waterville, Maine, says it expects its teachers “to integrate biblical principles with their teaching in every subject” and teaches students “to spread the word of Christianity.” The other, Bangor Christian Schools, says it seeks to develop “within each student a Christian worldview and Christian philosophy of life.”

The two schools “candidly admit that they discriminate against homosexuals, individuals who are transgender and non-Christians,” Maine’s Supreme Court brief said.

good thing I plan to die before reaching Medicare age. faith-based Social Security forthcoming!

xpost well, time for daily protests outside the schools

The two schools “candidly admit that they discriminate against homosexuals, individuals who are transgender and non-Christians,” Maine’s Supreme Court brief said.

nice for the ME SC to say that, but it's a very big open secret that white evangelicals are against all of those things. they talk openly about it and gather in a room together for hours each week to discuss the different ways in which god has commanded it

it's such an embarrassing thing for white evangelical christians to just admit that the end of the book, the one that they literally believe, involves them winning and everyone else painfully losing

yeah but I bet the casseroles they bring are fresh

(but sorry, not THOSE white evangelicals, the cool ones. jesus fucking christ what an uphill climb for them though)

We have a pilot voucher system in Tennessee that hasn't started yet but that is going to allow parents to use publicly funded vouchers to send kids to religious schools. I've anticipated that it will face a legal challenge once it actually starts, but this ruling makes that seem a lot less likely (or that it would be a successful challenge, anyway). To start with, the program will only be available to kids who attend districts with a high percentage of "failing" schools, but it will almost certainly be expanded to everyone at some point.

(My kids have actually gone to pretty good public schools here, I'm glad they only have 4 more years to get through.)

scammy white flight "academies" that sprung up in the 60s-70s all over the south (and i'm sure elsewhere) about to have a new golden era

We have a pilot voucher system in Tennessee that hasn't started yet but that is going to allow parents to use publicly funded vouchers to send kids to religious schools.

as far as i understand, that was already legal, but today's ruling comes from the other direction, of whether or not a state can prevent such a thing.

The Supreme Court has long held that states may choose to provide aid to religious schools along with other private schools. The question in the cases from Montana and Maine was the opposite one: May states refuse to provide such aid if it is made available to other private schools?

we have a major catholic, red dreher beloved school in our neighborhood. i check out their curriculumn and i'm thinking it might be racist. hmm

Our classical curriculum promises a learning adventure that will take our students from Mt. Olympus in ancient Greece to King Arthur's court and St. Benedict's monastery in the Middle Ages. They will learn about Rome's conquests and its ultimate fall, the rise of Christianity through the ages, and the thinking of our Founding Fathers as they embarked on the American experience over two hundred years ago.

scammy white flight "academies" that sprung up in the 60s-70s all over the south (and i'm sure elsewhere) about to have a new golden era

For sure, to be joined by a bunch of Hillsboro-affiliated "classical education" academies.

And yeah, KM is correct, SCOTUS ruled 2 years ago that vouchers have to be open to religious schools.

https://www.orlandosentinel.com/news/education/os-ne-religious-schools-voucher-decision-20200701-32kfsvkosfg5lkgg7tmy4l2cb4-story.html