ALERT US Supreme Court Opinion Issuance Day - Thursday, June 23, 2022

thompson

thompson

Certa Bonum Certamen
This was a case involving the procedures by which an inmate must raise his challenge to the method by which the state intends to execute him.
 
thompson

thompson

Certa Bonum Certamen
The court holds that an inmate can still bring a federal civil rights claim for his method-of-execution claim.
 
thompson

thompson

Certa Bonum Certamen
Justice Barrett, in her dissent, says that the inmate should have to bring his claim under federal habeas law rather than Section 1983.
 
thompson

thompson

Certa Bonum Certamen
As I know others have observed in the comments, the justices issue opinions in order of reverse seniority. So we won't hear from Justices Barrett, Kavanaugh, or Gorsuch (again) today, but we could hear from any of the rest of the justices.

AH
 
thompson

thompson

Certa Bonum Certamen
The Court's site is not working for me, so this is taking me a little longer now.

Amy Howe

My comment: Everything is lagging with so many people than usual watching
 
thompson

thompson

Certa Bonum Certamen
Re the Nance v. Ward case: The prisoner, Michael Nance, is on death row in Georgia, where the only authorized execution method is lethal injection. Nance says that a medical condition will cause his veins to "blow" from a lethal injection, creating a risk of debilitating pain. He has identified the firing squad as an alternative method.

James Romoser
 
thompson

thompson

Certa Bonum Certamen
For those wondering Seniority list, in order from least senior to most senior: Barrett, Kavanaugh, Gorsuch, Kagan, Sotomayor, Alito, Breyer, Thomas, and CJ Roberts

-random blog commenter
 
thompson

thompson

Certa Bonum Certamen
The site is now working for me, at least. I had been getting emails from the Court as well, but those are not coming now or are delayed.

AH
 
thompson

thompson

Certa Bonum Certamen
Alito describes what the plaintiff in this case was seeking as an "extension of our Miranda case law."
 
thompson

thompson

Certa Bonum Certamen
Alito says that if "a Miranda violation were tantamount to a violation of the Fifth Amendment, our answer would of course be different."
 
thompson

thompson

Certa Bonum Certamen
The Court said only that the Miranda rules "were necessary to safeguard that right" against compelled self-incrimination "during custodial interrogation."
 
thompson

thompson

Certa Bonum Certamen
Miranda, he says, "did not hold that a violation of the rules it established necessarily constitute a Fifth Amendment violation, and it is difficult to see how it could have held otherwise."
 
thompson

thompson

Certa Bonum Certamen
Kagan contends that Miranda confers a right, and that the Court's decision today "strips individuals of the ability to seek a remedy for violations of the right recognized in Miranda."
 
thompson

thompson

Certa Bonum Certamen
The court holds that New York's "proper-cause" requirement to obtain a concealed-carry license violates the Constitution by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.
 
thompson

thompson

Certa Bonum Certamen
The court rejects the "two-part" approach used by the courts of appeals in Second Amendment cases. "In keeping with Heller," Thomas writes, "we hold that when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct."
 
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