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SCOTUS Saturday: Opinions from Monday

On Monday the Supreme Court released a handful of opinions:

Thole VS US Bank: Addresses whether or not if a defined-benefit plan’s fiduciaries can be sued in certain matters. Judgment was 5-4 along conservative/liberal lines that Thole did not have Article III Standing (The Constitutional minimum standing to sue) as they were not harmed (though that is an oversimplification seeing some of the ERISA issues). (The Constitutional minimum standing to sue). In-depth opinion analysis here.

Nasrallah VS Barr: Reversed a decision as to whether or not judicial review applies to fact challenges (as opposed to Constitutional or legal challenges) to a Convention Against Torture order. Decision was 7-2 with Thomas and Alito dissenting. The decision is an ongoing part of the Trump administration – judiciary fights as to how much discretion the Executive branch has in interpreting and carrying out immigration laws. Kavanaugh wrote the opinion of the court. Lengthy analysis here.

Banister VS Davis: Reversed as to certain circumstances where a state prisoner can challenge certain parts of their case (in this instance, an ineffective attorney) within 28 days. The court holds that he only has the 28 days to make a habeas petition under certain rules (where he can challenge his incarceration). Court split 7-2 with Thomas and Alito dissenting on the idea that the rationale behind majority’s decision could have applications which could tie up courts with bad habeas cases (sounds conflicting but reading the decision bears this out in the details). Analysis here.

Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC: Unanimous court. The Court rules that the Board was legal because it was established by Congress for local Puerto Rican matters, and its officers did not need to be nominated by the President and confirmed by the Senate. Analysis here.

GE Energy Power Conversion France SAS v Outokumpu Stainless USA: Unanimous court decides on arbitration clauses in international matters involving a nonsignatory party. Analysis here.

You probably notice that I am linking to some in-depth analyses primarily on scotusblog, mostly because they know what they are doing and have been doing it for a long time.

Monday at 10 we may see some more orders as well. Several 2nd Amendment cases, as well as some qualified immunity cases, are still pending.

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