“Oyez, oyez, oyez!“That is the Marshal’s call, signaling to all that the Supreme Court is in session. Even though the Court is not meeting in person, the Oyezs this week rang loud and clear. The Court handed down two of the term’s biggest decisions. On Monday, Justice Neil Gorsuch held for a six-Justice majority that Title VII of the 1964 Civil Rights Act outlaws workplace discrimination on the basis of sexual orientation and gender identity. And on Thursday, Chief Justice Roberts held for a five-Justice majority that the Trump administration violated the Administrative Procedure Act when it sought to rescind Deferred Action for Childhood Arrivals, or “DACA.” Beyond these firecrackers, the Court also set off some streamers in its Monday orders list, denying a host of high-profile petitions concerning gun rights, qualified immunity, and “sanctuary” laws. In an ordinary week, the Supreme Court’s presence is not felt around the country. But this was no ordinary week. The Court made its mark—starting with Justice Gorsuch.
Yesterday, Chief Justice Roberts concluded that the Trump administration violated the Administrative Procedure Act when it attempted to rescind Deferred Action for Childhood Arrivals, or DACA. Roberts’ opinion is momentous—both in what it says and in what it does not say. For example, Roberts is coy on whether DACA itself is legal. He concludes only that the manner in which the Trump administration sought to cancel it did not follow the proper administrative procedure. On the other hand, three Justices—Clarence Thomas, Samuel Alito, and Neil Gorsuch—were not shy in saying the opposite, bluntly declaring that DACA is illegal and that there’s no other justification required to terminate it. For now, Roberts’ opinion keeps DACA on the books and its recipients in the country. Their dream remains alive, albeit temporarily. Read more for an in-depth analysis of the Court’s decision in Department of Homeland Security v. Regents of the University of California.
The last week of oral arguments for the November sitting was one that certainly should grab your attention. The Justices heard arguments about the Trump administration’s push to rescind the Deferred Action for Childhood Arrivals program; a case involving a U.S. Border Patrol agent who shot and killed a Mexican teenager across the U.S.–Mexico border; a civil rights case between Comcast and an African-American who owns Entertainment Studios Network; and a case that could have significant ramifications in the world of bankruptcy law. In addition, the Court added three cases to its docket, including a blockbuster copyright dispute between Google and Oracle; declined a petition for a stay of execution; saw its newest Justice (Brett Kavanaugh) give his first public speech since a disputatious confirmation process; and received an appeal from President Trump concerning a subpoena for his personal tax returns. With all that, here’s your brief for the week of November 11.
Another very quiet week for the Justices: no decisions, no oral arguments, a few miscellaneous orders, and just one cert grant in a securities-law case. But have no fear—with the November sitting beginning next week, the Supreme (Court) machine will soon awaken from its quiet idle and roar into its normal, high gear. For now, here’s a short rundown of the little drummings of action this week at 1 First St. NE.
The U.S. Supreme Court will be back in session in only TWO days. With cases concerning LGBTQ+ and transgender rights, gun control, immigration law, religious liberty, environmental regulations, insanity defenses, and other topics, the Court’s term was already shaping up to be a noteworthy one. But just yesterday, the Justices added to their docket a pair of cases involving a Louisiana abortion law, a move that will put the Court ever more in the limelight in a term that stretches into an election year. With less than 48 hours until the Nine don their black robes and take their seats at the bench, here’s a brief about what the Court did this week and what is sure to come. Get ready, folks: O.T. 2019 is just about underway!