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SCOTUS Opinion Release Day - July 1 (Trump Immunity, NetChoice, Corner Post)
Posted on 7/1/24 at 8:16 am
Posted on 7/1/24 at 8:16 am
Is today we get Trump immunity?
Only a few Opinions left in this term to publish... and the Justices want to get to vacation.
Opinions start being published at 9 AM CT
Today's Opinions:
LINK ]Corner Post, Inc. v. Board of Governors of the Federal Reserve System
LINK ]Moody v. NetChoice, LLC
And the final case of the term... LINK ]Trump v. United States
Only a few Opinions left in this term to publish... and the Justices want to get to vacation.
Opinions start being published at 9 AM CT
Today's Opinions:
LINK ]Corner Post, Inc. v. Board of Governors of the Federal Reserve System
quote:
Held: An APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action. Pp. 4–23.
LINK ]Moody v. NetChoice, LLC
quote:
Held: The judgments are vacated, and the cases are remanded, because neither the Eleventh Circuit nor the Fifth Circuit conducted a proper analysis of the facial First Amendment challenges to Florida and Texas laws regulating large internet platforms. Pp. 9–31.
And the final case of the term... LINK ]Trump v. United States
quote:
Held: Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts. Pp. 5–43.
This post was edited on 7/1/24 at 10:45 am
8
Posted on 7/1/24 at 8:16 am to rt3
We get everything left today, Roberts said so last week
Posted on 7/1/24 at 8:17 am to rt3
They aren’t going to delve too deep into politics imho it won’t be Trump’s salvation or demise
Posted on 7/1/24 at 8:17 am to rt3
Big day, let's see if the country can be saved or if we're full blown banana republic.
Posted on 7/1/24 at 8:18 am to Rip Torn
I still think the most likely outcome is a statement laughing at “blanket immunity”, setting the limits of presidential immunity for official acts, and a remand for analysis within those limits.
Posted on 7/1/24 at 8:26 am to Indefatigable
quote:
setting the limits of presidential immunity for official acts, and a remand for analysis within those limits.
Does anyone of value disagree?
I just can't see any other ruling. What I'm interested in are
1. Any concurrences, and how wacky they get
2. How the spin zone tries to sell this to NPCs (on both sides)
Posted on 7/1/24 at 8:28 am to rt3
You're getting a remand today
Posted on 7/1/24 at 8:29 am to SlowFlowPro
quote:
just can't see any other ruling.
I’d be surprised, but I suppose they could go ahead and get to the merits on Trump’s acts vis a vis immunity. Would be out of character though.
Posted on 7/1/24 at 8:29 am to SlowFlowPro
The battle right now is over timeline.
The Dem/Jack side is trying to get the DC trial kicked off before November 5th.
The Trump side is trying to push it past the election.
That's what victory looks like to both sides, IMO.
The Dem/Jack side is trying to get the DC trial kicked off before November 5th.
The Trump side is trying to push it past the election.
That's what victory looks like to both sides, IMO.
Posted on 7/1/24 at 8:31 am to Broke
quote:
You're getting a remand today
Unless they grant absolute immunity or no immunity, it has to be remanded.
To explain to people (not necessarily Broke) why, the appeals courts aren't courts that are open to new evidence and have to rely on the record created at the trial court. If there is any sort of immunity that isn't absolute, the Supreme Court does not have a record to analyze the potential immunity of Trump. They have to send it back down (remand) to the trial court to permit a full hearing (with evidence, testimony, etc.) to permit the trial court to create a record in the determination of whether or not immunity applies.
Then, theoretically, that decision can be appealed back to the USSC for their evaluation on the decision.
Posted on 7/1/24 at 8:31 am to PsychTiger
quote:
full blown banana republic
i'm going with this one to so that i'm not disappointed
Posted on 7/1/24 at 8:36 am to rt3
We had some YUGE wins last week, I think the pendulum swings back in the other direction today (and just because it's Trump).
Posted on 7/1/24 at 8:38 am to SlowFlowPro
quote:
Does anyone of value disagree?
Posted on 7/1/24 at 8:50 am to Indefatigable
quote:
“blanket immunity”
Anyone that thinks this is a retard.
Posted on 7/1/24 at 8:57 am to TDTOM
quote:
Anyone that thinks this is a retard.
You misspelled Democrat.
Posted on 7/1/24 at 8:59 am to rt3
Will be interesting to see the line they walk... Has to be some sort of immunity, but what is the red line 
Posted on 7/1/24 at 9:01 am to LSUbest
quote:
You misspelled Democrat.
They are synonymous.
Posted on 7/1/24 at 9:01 am to TDTOM
Justice Barrett has Corner Post.
It is 6-3, with Jackson dissenting joined by Sotomayor and Kagan.
The court holds that a claim under the Administrative Procedure Act to challenge an agency action first comes into being when the plaintiff is injured by final agency action.
This was a challenge to a Federal Reserve Board rule that was issued well before the plaintiff in this case, a truck stop and convenience store in North Dakota, opened for business.
The government argued that the six-year statute of limitations had already passed and Corner Post could not challenge the rule, but the court today holds that because Corner Post filed its challenge within six years of when it was injured by the rule, its challenge was not barred by the statute of limitations.
Justice Barrett started her announcement with a joke about how this case was not one that we were here to hear.
Justice Jackson calls the "flawed reasoning and far-reaching results of the Court's ruling in this case" "staggering."
She writes that "there is effectively no longer any limitations period for lawsuits that challenge agency regulations on their face."
https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf
It is 6-3, with Jackson dissenting joined by Sotomayor and Kagan.
The court holds that a claim under the Administrative Procedure Act to challenge an agency action first comes into being when the plaintiff is injured by final agency action.
This was a challenge to a Federal Reserve Board rule that was issued well before the plaintiff in this case, a truck stop and convenience store in North Dakota, opened for business.
The government argued that the six-year statute of limitations had already passed and Corner Post could not challenge the rule, but the court today holds that because Corner Post filed its challenge within six years of when it was injured by the rule, its challenge was not barred by the statute of limitations.
Justice Barrett started her announcement with a joke about how this case was not one that we were here to hear.
Justice Jackson calls the "flawed reasoning and far-reaching results of the Court's ruling in this case" "staggering."
She writes that "there is effectively no longer any limitations period for lawsuits that challenge agency regulations on their face."
https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf
This post was edited on 7/1/24 at 9:06 am
Posted on 7/1/24 at 9:02 am to DarthRebel
6-3 what? The Scotus blog did not say
This post was edited on 7/1/24 at 9:03 am
Posted on 7/1/24 at 9:05 am to HubbaBubba
jackson is such an awful justice my goodness
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