The Supreme Court’s term has now come to a close. The Court decided its last seven cases this week, capturing headlines and filling margins across the country. It handed President Trump an 0-1-1 record on his tax returns, ruling against him on the New York subpoena and sending the Congressional subpoena back to the lower court. It ruled that, for the purposes of the Major Crimes Act, the vast majority of eastern Oklahoma is Creek “Indian country” (yes, you read that right). It ruled against “faithless electors.” It rejected a procedural challenge to the Trump administration’s new religious exemptions to Obamacare’s contraceptive mandate. And it struck down an exception to the federal ban on robocalls. At the center of it all was Chief Justice John Roberts, now the Court’s anchor and swing Justice, who voted with the majority in 58 of the term’s 60 cases (a 97% clip). Here is your final weekly brief for O.T. 2019.
Faithless no more! said the Supreme Court in Chiafalo v. Washington on Monday. The Court unanimously held that the Constitution allows a state to force its members of the Electoral College to vote according to that state’s popular vote. The case arose during the 2016 presidential election when three of Washington’s electors voted “faithlessly.” Democratic nominee Hillary Clinton won Washington’s 12 electoral votes, and each of Washington’s 12 electors had pledged to cast their votes for Clinton. But when the time came, three of the twelve violated their pledges, casting their votes for Colin Powell. Washington promptly removed the three electors from their posts and find each $1,000. The electors challenged their fines, claiming that the Constitution allows them to vote however they please. The Court rejected that claim, giving us all a bit more faith in our constitutional republic.
President Trump’s tax returns? Check. “Faithless” members of the Electoral College? Yep. Whether half of Oklahoma is actually Native American land? Check that one too. And the Establishment Clause’s “ministerial” exception? You got it. The Supreme Court heard oral arguments this week on all of these issues, rounding out what was perhaps the biggest argument week of the term (and also the Court’s last). Given the stature of these cases, you’d be forgiven if you didn’t notice the Court also released one decision this week (it was pretty innocuous). Here’s a recap of the action at our nation’s highest court this past week.