|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-1179||Mont. S. Ct.||Not Argued||Jun 25, 2012||5-4||Per Curiam||OT 2011|
Holding: Montana’s argument in support of the judgment below was either already rejected in Citizens United v. FCC or fails to meaningfully distinguish that case.
Plain English Summary: Ordinarily, the Supreme Court does not decide a case until after it has accepted it for full-scale review, receives written legal arguments, and then holds a public hearing. Now and then, and perhaps as many as nine or ten times each Term, the Court disposes of a case without those formalities: it decides the case very soon after getting the case, usually indicating that the outcome was so predictable that there was no need to engage in full-dress proceedings. That speeded-up procedure is what the Court did on Monday in this case, by a 5-4 vote. The result was to overturn a Montana Supreme Court decision upholding a 1912 voter-approved ban on corporations’ spending of their own money on political campaigns in that state. The Court majority found that state court ruling obviously in conflict with a decision the Supreme Court had issued in January 2010 striking down a similar ban in federal law against corporate spending on politics. The four Justices in dissent conceded that the Supreme Court majority was not ready to take a new look at that 2010 decision, even in a case in which a state’s highest court had found that the state had a history of corrupt corporate influence in its political life.
Judgment: Summarily reversed in a per curiam opinion on June 25, 2012.
Alabama executed Matthew Reeves by lethal injection a few hours after SCOTUS, in a 5-4 vote, dissolved a lower-court ruling that said Reeves had a right to select nitrogen gas as his method of execution. Our coverage of the decision, from @ellena_erskine:
Court green-lights Alabama execution in 5-4 ruling that reverses two lower courts - SCOTUSblog
A divided Supreme Court on Thursday evening allowed Alabama to execute a man who argued that the state had faile...
#SCOTUS grants Alabama's request to allow execution of Matthew Reeves to go forward. Justice Amy Coney Barrett indicates that she would have denied the state's request; Justice Elena Kagan dissents, joined by Breyer & Sotomayor. Order & dissent are here: https://www.supremecourt.gov/opinions/21pdf/21a372_5436.pdf
In remarks at the White House, Biden calls Breyer a beacon of wisdom on the Constitution and reiterates his commitment to select a Black woman to succeed him. Biden says he intends to nominate a successor by the end of February.
Breyer makes it official: He tells President Biden in a letter that his retirement will take effect at the end of the current term, assuming his successor has been confirmed by then.
Just in: Biden will give remarks on Breyer's retirement today at the White House at 12:30 p.m. EST. Breyer will be in attendance.
Here's our new Breyer banner from @Courtartist. Breyer has always been an avid biker -- even to the point that he took a few spills. In fact, in 1993, when he was first being considered for a SCOTUS vacancy, he met with Bill Clinton while nursing broken ribs from a bike accident.
@Courtartist outdoes himself again with his Breyer retirement banner @SCOTUSblog.