SCOTUS 2022-2023 Term

[I spent the winter writing songs about getting better]

December has nine cases that include 303 Creative and Moore v. Harper. Assuming the latter isn't dismissed as moot, each Justice should be writing once. Roberts, Kagan, Gorsuch, and Kavanaugh have yet to write a majority opinion for that sitting.

So dumb question, what happens if a justice just always dissents from the majority? They just don't get an opportunity to write for the majority?

Yeah, that's what would happen (and I think historically this happened some terms to ultra-right-wing judge James McReynolds, who was on the Court from 1914-1941)

Why did Wilson nominate such a type?

[I spent the winter writing songs about getting better]

I don't see much difference in the web design case from the cake baking case, and that one was 7-2 with RBG being one of the two, so it's possible it's an 8-1 decision with Sotomayor as the only dissenter. I'm not familiar with the details of the case but I can't see how the court can go from 7-2 ruling that bakers don't need to bake cakes for same-sex weddings to at least 5 votes ruling that web designers do need to design web sites for same-sex weddings.

[I spent the winter writing songs about getting better]

I think the Court will side with Biden in the student loan case, mostly because I just have a very difficult time imagining a scenario where the court finds that Nebraska has standing but not Texas.

You forget how corrupt the court is - Alito and Thomas prove that. No chance they allow the conservatives to lose a case they deem most important (aside from abortion)

Genuine suggestion: you should stop posting in this board.

[I spent the winter writing songs about getting better]

Peak "SCOTUS 2022-2023 Term" would be the Court throwing out the student loan case on standing grounds, but Kavanaugh writing a concurrence in which he explains exactly how the case could've been brought before the Court correctly, and then that case being brought next summer.

Peak "MOGOP is a bunch of dumbasses" would be a requirement that MOHELA bring the case rather than the state of Missouri, leading to the Missouri GOP trying to appoint loyalists to random MOHELA positions and then failing because this is exactly the sort of inside baseball they're still comically bad at.

In oral arguments, SG Prelogar already said they wouldn't have contested standing if MOHELA was there in its own name. You don't need the Court to say that, although they certainly could.

OK, true "peak SCOTUS 2022-2023 Term" would be Kavanaugh as the decisive vote to strike down student loan forgiveness, but explaining in a concurrence exactly which arguments Prelogar could've made to get the case thrown out on standing grounds.

You were probably right the first time, except that if it's upheld on standing I don't think it'll be back next year.


To continue the topic, SCOTUS seemed to scramble the decisions. Gorsuch got a second opinion in November. I'm now far less sure he has 303 Creative. I wonder it Alito has it now. I'm 99% sure he has Groff though. Maybe affirmative action really will be split.

Yes, this opens up the possibility of 303 Creative being much more aggressive now. 

?? Why would Alito writing make 303 Creative more aggressive than if Gorsuch wrote? Any suggestion Gorsuch isn't writing opens the door to a more measured opinion.

Probably an assumption that his decision in Bostock v. Clayton County means he'd be more sympathetic to the pro-LGBT side in that case, which is about as logical as those idiots on Reddit who insisted there was no way Minnesota was going to legalize recreational marijuana based on that grocery stores can still only sell 3.2 beer here and auto dealerships can't be open on Sundays.