|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-1233||E.D. Cal.||Nov 30, 2010||May 23, 2011||5-4||Kennedy||OT 2010|
Disclosure: Akin Gump represents California State Republican Legislator Intervenors, et al. in this case.
Holding: 1)The court below did not err in concluding that overcrowding in California prisons was the primary cause of the continuing violations of prisoners constitutional rights to adequate health care. 2) The evidence supported the conclusion of the three-judge panel that a population limit was necessary to remedy the overcrowding problem. 3) The relief ordered by the three-judge court the population limit was narrowly drawn, extended no further than necessary to correct the violation, and was the least intrusive means necessary to correct the violation.
Plain English Holding: A federal court lawfully ordered California to reduce its prison population to remedy long-standing constitutional violations arising from prison overpopulation.
Judgment: United States District Courts for the Eastern District and the Northern District of California affirmed, 5-4, in an opinion by Justice Kennedy on May 23, 2011. Justice Scalia wrote a dissenting opinion, which was joined by Justice Thomas. Justice Alito also wrote a dissenting opinion, which was joined by the Chief Justice.
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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...
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