I have now had a chance to read the draft opinion Moyle v United States. This file is marked 1.0 and dated May 23, 2024. But, like Dobbs Leaked two years ago, it’s a safe bet not much will be changed. This is my initial thought.
First, moyle The debate took place on 24 April. The timing suggests that the court does hold major cases until the end of its term and does not always release them immediately. Some DIGs will remain available until the last day of the semester. but why? Other DIGs were issued soon after the case was argued.
Secondly, no matter what safety precautions are taken, Dobbs Failure. Bloomberg did not say how long the document had been online, but it had been around long enough to be downloaded. Bloomberg may not be the only one seeing this happening. Furthermore, the documents released are not yet final. It still has a version number (1.0) and a date (5/23/24). Somehow, someone at the Supreme Court accidentally issued an incomplete draft opinion. It’s not like someone pushed the wrong button. Several steps in the process are bypassed. Will the Chief Justice assign a marshal to investigate? I will reserve any calls for Roberts to resign until more facts are available.
Third, the effects of dismissal may be temporary. The court is currently waiting for SG’s certification application for a similar case in Texas. Briefings against the cert are due on july 22. I have to imagine there were four votes for cert, but not the four you would expect. Justices Alito, Thomas and Gorsuch yesterday hoped to resolve the case. Justice Jackson lambasted her progressive colleagues for their deep interest. So we should get funding in October and have oral arguments in December or January. But there is a dilemma. If Trump wins, he will almost certainly rescind the Biden-era “guidance” document. The court can then mine that petition, like green case. How about bipartisanship from Roberts─dig two petitions from two administrations on the same issue. This shift will trigger a new round of lawsuits arguing that Trump’s revocation is invalid because of {insert reason}. Idaho is in the 9th Circuit, so you know what to expect. Therefore, the court will no way Actual determination of statutory issues. Judge Jackson is angry, and for good reason! Her time frame is much longer than that of Justices Sotomayor and Kagan. I think this decision is similar to the granting of certificates for SG petitions. Skmeti. If Trump wins, the Roberts court could once again avoid contentious issues.
Fourth, Justice Kavanaugh’s concurrence labrador v. poe Looks very dated. In this view, which I commend, Kavanaugh extols the virtue of giving proof before judgment as a way of dealing with shadow cases. But here Judge Barrett regretted the decision to grant certificate before sentencing and set out guidance which I believe will not grant certificate in future. She focuses on irreparable harm, and is indeed rather stingy in defining it. I know I beat Judge Kavanaugh often, but I do feel sorry for him. Just when Barrett thinks he has it figured out, Judge Barrett pulls the rug out from under him.
I will elaborate more on the substance of this argument in another article. Finally, to end with a mooch joke, never sit in the front row seat.
