|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-1454||9th Cir.||Mar 1, 2011||May 26, 2011||7-2||Kagan||OT 2010|
Holding: Although the Court may generally review a lower court's constitutional ruling at the behest of governmental officials who won a final judgment on constitutional grounds, here the case is moot because the respondent (the plaintiff below) no longer has a stake in preserving the court's holding because she no longer needs protection from the practice at issue.
Plain English Holding: A government official can ask the Supreme Court to review a lower court's ruling that he violated the Constitution, even if the lower court ultimately concluded that he could not be sued for that conduct.
Judgment: vacated in part and remanded, 7-2, in an opinion by Justice Kagan on May 26, 2011. Justice Scalia filed a concurring opinion. Justice Sotomayor concurred in the judgment, in an opinion that was joined by Justice Breyer. Justice Kennedy filed a dissenting opinion that was joined by Justice Thomas.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
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