Author Topic: Three Opinions Released Today  (Read 393 times)

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Online Kamaji

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Three Opinions Released Today
« on: June 22, 2023, 02:33:05 pm »
The Court released its opinions in the following cases:

45   6/22/23   22-23   Pugin v. Garland   BK   599/1
44   6/22/23   21-1484   Arizona v. Navajo Nation   BK   599/1
43   6/22/23   22-381   Yegiazaryan v. Smagin   SS   599/1

None of them is the much-awaited affirmative action case, but each is interesting, in my personal view, because of the dissents that Gorsuch joined in each case.

I consider Gorsuch to be of import here because he is the Justice who wrote the opinion in Bostock v. Clayton County, and there took a very literalist approach to interpretation of the relevant statute.

Personally, I think there are good odds that Gorsuch will be the author - or main mover behind - the Court's ultimate opinion in the education discrimination case, and I suspect that he will take the same literalist approach there (which would be good, because it would cut against continued racial discrimination in the name of "fixing" prior discrimination).

These dissents then, to the extent that they might provide further illumination on the extent to which Gorsuch is such a literalist, could be helpful.

Like trying to read tea leaves.

Online Cyber Liberty

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Re: Three Opinions Released Today
« Reply #1 on: June 22, 2023, 03:16:41 pm »
I appreciate your monitoring the decisions!   :patriot:
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Online mountaineer

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Re: Three Opinions Released Today
« Reply #2 on: June 22, 2023, 03:22:08 pm »
Supreme Court news: Justices rule 5-4 against Navajo Nation in right to Colorado River water
by Kaelan Deese, Supreme Court Reporter |
June 22, 2023 11:07 AM
Quote
The Supreme Court on Thursday ruled against the Navajo Nation, dismissing a suit that argued the federal government has an obligation under an 1868 treaty to create a plan to provide the tribe with a sufficient water supply.

The 5-4 ruling was authored by Justice Brett Kavanaugh, an appointee of former President Donald Trump, while the court's three liberals and Trump-appointed Justice Neil Gorsuch sided against the decision. ...

Kavanaugh wrote "while the 1868 treaty 'set apart' a reservation for the 'use and occupation of the Navajo tribe,' 15 Stat. 668, it contains no language imposing a duty on the United States to take affirmative steps to secure water for the Tribe."

"Here, nothing in the 1868 treaty establishes a conventional trust relationship with respect to water. And it is unsurprising that a treaty enacted in 1868 did not provide for all of the Navajos’ current water needs 155 years later," Kavanaugh added. ...
Washington Examiner
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