SCOTUSblog: LIVE Announcement of opinions for Thursday, June 30, 2022

[mahatmakanejeeves]

Source: https://www.scotusblog.com/

One more day, and then they're done.

The blog goes live at 9:30, and the announcements begin at 10:00.

LIVE

Announcement of opinions for Thursday, June 30

By Angie Gou
on Jun 30, 2022 at 12:00 am

On Thursday, June 30, we will be live blogging as the court releases opinions in one or more argued cases from the current term.

Click here for a list of FAQs about opinion announcements.

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Recommended Citation: Angie Gou, Announcement of opinions for Thursday, June 30, SCOTUSblog (Jun. 30, 2022, 12:00 AM), https://www.scotusblog.com/2022/06/announcement-of-opinions-for-thursday-june-30/

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[lamp_shade]

1. Thanks.

[Amishman]

2. W.V. v EPA could be more impactful than Dobbs

If they actually fully overturn Chevron and its deference standard, almost every federal agency would be extremely vulnerable and effectively hamstrung. It would take years (and a cooperative congress) to backstop with legislation.

[In It to Win It]

7. This shouldn't even be a case

The Obama-era rule that WV is suing over has not been in effect FOR YEARS! WV is not being harmed by the rule that they are suing over because the rule had been scrapped.

[Takket]

3. What fresh hell do they have for us today?

[mahatmakanejeeves]

4. And they're off. NT

[sinkingfeeling]

5. Kiss the ability of agencies to regulate good-bye.

[mahatmakanejeeves]

6. Random comments as people get ready

5 minutes ago

I have Kavanaugh writing a 7-2 opinion in the Texas case and Roberts writing a 6-3er for the WV case, in a big setback for agency authority.

ManOfWandT

4 minutes ago

How many eyes on the blog this am?

FLsunshineluv'r

4 minutes ago

If ruling is in favor of WV, this will be bigger than R v W. It will give rights back to the states since the 1930's. It will effect many more agencies than the EPA to set rules on states from non-elected individuals. Many of which were created under executive orders. This is a HUGE ruling!

NoSoup4U

7 minutes ago

By the way, I heard the court held its end-of-year staff celebration this month at a new location: Medieval Times.

Mark Walsh

[mahatmakanejeeves]

8. West Virginia is first. Congress did not give the EPA the power to devise emissions caps.

Last edited Thu Jun 30, 2022, 10:50 AM - Edit history (1)

2 minutes ago

West Virginia is first.

Amy Howe

a minute ago

It is by the Chief. Kagan dissents, joined by Breyer and Sotomayor.

Amy Howe

a minute ago

Surprise: No R number.

Kathleen Foley

a few seconds ago

Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the (Obama era) Clean Power Plan.

Amy Howe

a few seconds ago

Here's the link: https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf

Ellena Erskine

16 minutes ago

So does the EPA ruling call into question the ability of ANY agency to make autonomous decisions unless explicitly granted authority by Congress?

rcw

a minute ago

Good day for Yaakov Roth of Jones Day, who argued on behalf of the coal companies in West Virginia v. EPA and is the counsel for Percoco.

Amy Howe

[Native]

9. There goes the planet!

[mahatmakanejeeves]

10. The major questions doctrine is the idea that if Congress wants to give an administrative agency ...

10 minutes ago

This is, Roberts writes, a "major questions case."

Amy Howe

10 minutes ago

@Notorious JHP Maybe breathing will become affordable again!

BlogWatcher

10 minutes ago

Not an attorney, but it sure seems to be a broadside into Chevron without naming the broadsided ship.

MIchaelW

9 minutes ago

The major questions doctrine is the idea that if Congress wants to give an administrative agency the power to make “decisions of vast economic and political significance,” it must say so clearly.

Amy Howe

11 minutes ago

Major Questions doctrine exists to enforce the idea that Congress must specifically tell agencies what to do, rather than pass broad enabling legislation that executive agencies can interpret as they see fit - thereby diluting political accountability

AWH

14 minutes ago

I'm not sure 10 minutes is enough for Amy to fairly summarize this decision, so I'm going to ask the court to delay the release of the next opinion.

Mark Walsh

[Midnight Writer]

11. The bit of it is, people won't be outraged over the demise of regulatory agencies

You won't see folks marching in the streets to give power back to alphabet agencies that commoners don't know much about.

This has the potential to be a major train wreck.

[mahatmakanejeeves]

12. Here is Biden v. Texas, and it is by the Chief.

14 minutes ago

It is Biden v. Texas and it is by the Chief.

Amy Howe

14 minutes ago

It is 5-4 with Kavanaugh joining the three liberal justices and the chief.

Amy Howe

13 minutes ago

Another merits decision, despite available justiciability off-ramps.

Kathleen Foley

13 minutes ago

And here's the last opinion link: https://www.supremecourt.gov/opinions/21pdf/21-954_7l48.pdf

Ellena Erskine

17 minutes ago

The Court holds that the Biden administration's decision to terminate the Migrant Protection Protocol, also known as the Remain in Mexico policy, did not violate federal immigration law, and the October memorandum was a final agency action.

Amy Howe

17 minutes ago

"Join to all but the first sentence" Absolute classic.

Miguel Lewiston

17 minutes ago

"BARRETT, J., filed a dissenting opin-
ion, in which THOMAS, ALITO, and GORSUCH, JJ., joined as to all but the
first sentence"

Justic Curiam

[mahatmakanejeeves]

13. There will be an order list at 10:45 today.

17 minutes ago

The Chief Justice has just issued an end-of-term press release, in which he announces (among other things) that there will be an order list at 10:45 today.

Amy Howe

18 minutes ago

Note that the chief did announce that the orders list out of yesterday's conference will be released shortly, at 10:45 a.m. ET. This is likely to allow Justice Breyer's votes on those orders to count before his retirement becomes effective at noon.

Mark Walsh

14 minutes ago

We're expecting a shadow docket Order on (one of) Arizona's abortion bans this a.m. - Kagan held it pending Dobbs, then there were docket issues yesterday. She referred it to the entire court. More: bit.ly
https://bit.ly/AZlaw1306

ArizonasLaw.org

15 minutes ago

The order list that we expect in just over 15 minutes has the potential to be a big one. The justices could act on Moore v. Harper, the North Carolina election case asking them to take up the "independent state legislature" theory.

Amy Howe

15 minutes ago

We also could get action on Dr. A v. Hochul, the challenge to New York's vaccine mandate for health-care workers.

Amy Howe

a minute ago

Here's the list: https://www.supremecourt.gov/orders/courtorders/063022zor_5he6.pdf

Ellena Erskine

[mahatmakanejeeves]

14. "The Court has acted upon all cases submitted to the Court for decision this Term."

17 minutes ago

The chief has released his end of term statement:
I am authorized to announce that the Court has acted upon all cases submitted to the Court for decision this Term. Disposition of items considered at conference yesterday will be reflected on an Order List that will be released at 10:45 a.m. today. The Court will then be in recess from today until the first Monday in October 2022, at which time the October 2021 Term of the Court will be adjourned, and the October 2022 Term of the Court will begin, as provided by law.

Mark Walsh

17 minutes ago

For those curious, here's the full end-of-term statement that Roberts just released: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_06-30-22

James Romoser

[mahatmakanejeeves]

15. Here's a link to the new circuit assignments:

a few seconds ago

Here's a link to the new circuit assignments: https://www.supremecourt.gov/orders/courtorders/063022zr_7mi8.pdf

Ellena Erskine