re: Supreme Court Decision Thread - Wednesday, June 29

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What is the reason for doing this? Why not release all today?

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Speculation from a Constitutional expert:

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There’s been some speculation the Justices wait to issue major decisions/opinions right before they leave town. Because they’re social creatures as all of us are, some speculate that they don’t want to have to discuss these cases in their social circles. But I think it’s most likely that it is a combination of workload and because these cases are more time intensive. The justices also understand the public impact these cases can have. But, ultimately, it’s not clear exactly why they do it.

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The Supreme Court tends to save the biggest rulings for last - WBUR

"This Court will announce all remaining opinions ready during this Term of Court on Thursday, June 30, 2022, beginning at 10 a.m."

One more thread tomorrow. Will be 2 big ones.

SCOTUS officially announces tomorrow is the final opinion day for this session

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This Court will announce all remaining opinions ready during this Term of Court on Thursday, June 30, 2022, beginning at 10 a.m.

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SCOTUSBlog post

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In both of the final two cases, there are serious jurisdictional and technical questions that theoretically could prevent the court from reaching the merits. I'm not saying it's likely, but maybe we get a pair of punts tomorrow...

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SCOTUSBlog post

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In both of the final two cases, there are serious jurisdictional and technical questions that theoretically could prevent the court from reaching the merits. I'm not saying it's likely, but maybe we get a pair of punts tomorrow...

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yeah I just don't see that.

It could happen with EPA, simply because neither energy plans are in effect at the moment (that's what Biden admin argued).

I just don't see how they create one more opinion day just to punt the issues, seems like a waste.

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Question:

If the court sides with WV, what becomes of the delegation doctrine?

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If WV wins, that will be the million (or TRILLION) dollar question.

Usually regulations and rules are given greater deference where Congress has stated that a particular agency is tasked with writing regulations to carry out the purpose of the law. It's rare for one of these regulations to be overruled.

That could definitely stay. And, when you think about it, would almost have to stay in most circumstances. The point of these regulations is that Congress cannot think of every contingency that may arise and government agencies will need to write rules and regulations to carry out the purpose.

The problem comes in when an agency wasn't specifically delegated to write rules to interpret a law, OR, write rules and regulations that were never contemplated by the law. I think that is where the West Virginia case comes into play.

Also, there shouldn't be some overriding rule delegating authority. The delegation should be written into individual laws and Congress should give some direction as to its meaning and purpose.

In the WV case, the EPA's attempt to write into regulations or rules the Green New Deal that Congress has specifically not enacted would clearly violate any such delegation.

Thank you for the work you've put in here, anc. you've brought us this info in a way that even the mentally deficient like myself have been able to grasp what is going on.

on Clarence Thomas' birthday... he gave all Americans a gift by releasing his writing of the Court's opinion in New York Rifle & Pistol which strengthened the 2nd Amendment on the subject of concealed carry

and the day before Sonia Sotomayor's birthday... the 5 most conservative Justices gave her a huge gift by overturning Roe v. Wade & Planned Parenthood v. Casey

Thank you for starting these threads.

Thank you to the people who dumb it down for me

the tea leaf readers should be able to piece together who should be writing the opinion of the Court for Biden v. Texas

like they've already made the educated guess that Roberts should be writing West Virginia v. Environmental Protection Agency