Tags

PC

All posts tagged PC by 9robes

Allen v. Milligan, Docket No. 25A1314

Listen to the episode On Spotify on Apple Podcasts or on YouTube

The Supreme Court has hit pause on a court-ordered map and keeps Alabama's contested congressional districts in place for now. The ruling applies a legal standard the Court itself rewrote just weeks earlier and signals the Court may be ready to make it much harder to prove that states are deliberately discriminating against Black voters. The case reveals a deepening divide on the Court about what counts as evidence of racial discrimination and who gets to decide election rules when time is running short.

The Fight Over Alabama's Congressional Map

This is the third time this dispute has reached the Supreme Court. After the 2020 census, Alabama drew a congressional map with only one district where Black voters could realistically elect their preferred candidate, even though Black Alabamians make up roughly 27 percent of the state's population. A federal court said that violated the Voting Rights Act, a landmark 1965 law designed to prevent racial discrimination in voting. The Supreme Court agreed in 2023 in Allen v. Milligan and ordered Alabama to draw a fairer map.

Alabama's legislature responded by drawing a new map that a federal court found had been deliberately designed by using previously unused redistricting criteria invented from scratch and developed in secret. The new map made it mathematically impossible to include a second district where Black voters could win. The court entered a permanent injunction and drew its own remedial map, which governed the 2024 elections.

Then just weeks before this decision, the Supreme Court issued a major ruling in Louisiana v. Callais that significantly changed the legal standards for voting rights claims under Section 2 of the Voting Rights Act. After Callais, the Court vacated the district court's injunction in these cases, briefly restoring Alabama's 2023 map while the primary election was already under way. The district court then quickly issued a new preliminary injunction on largely the same grounds. Alabama immediately asked the Supreme Court to put that new injunction on hold. That pause is what this decision is about.

Two Separate Legal Frameworks

To understand why the majority and dissenters are talking past each other, it helps to know that two distinct legal theories are at play.

One is Section 2 of the Voting Rights Act, which prohibits voting practices that dilute the voting power of minority groups. Proving a violation requires satisfying the Gingles preconditions. Ginles is named for a 1986 Supreme Court case. It includes that plaintiffs' proposed alternative map must comply with traditional redistricting criteria. The Court's Callais decision updated those standards to require that any alternative map meet all of the state's legitimate redistricting goals "just as well" as the state's own map. Callais also required plaintiffs to control for partisan affiliation when proving that voters of different races vote differently.

The other theory is the Fourteenth Amendment's prohibition on intentional racial discrimination. This is a separate and older legal framework. To prove it, plaintiffs only need to show that race was "a motivating factor" in a legislative decision. Not the sole or primary reason. Courts are supposed to presume that legislatures act in good faith, and findings of fact by trial judges can only be reversed if they are plainly wrong.

These two frameworks are legally separate. That distinction sits at the heart of the disagreement in this case.

What Each Side Argued

Alabama claimed the lower court violated the presumption of legislative good faith by treating the state's legal disagreement with an earlier court order as evidence of deliberate discrimination. The state also argued the district court failed to properly apply the new Callais standards. Specifically, it said the plaintiffs' proposed alternative map did not perform as well as Alabama's on two criteria: keeping the Gulf Coast community of interest intact, and avoiding a situation where two sitting members of Congress would have to run against each other.

The plaintiffs challenging the map argued that Callais changed the standards only for Section 2 disparate-impact claims and said nothing about the Fourteenth Amendment's intentional discrimination test. They also argued the district court had carefully applied the presumption of legislative good faith. The trial court had explicitly given Alabama's legislature "every benefit of the doubt," declined to consider the state's history of racial discrimination, and gave no weight to statements from minority legislators. The trial itself ran eleven days, included testimony from 51 witnesses, and received nearly 800 exhibits.

They also pointed out the practical problem of the court-drawn remedial map already loaded into voter registration systems. It had been in use for two years. Three Alabama counties with roughly 600,000 registered voters would need to be manually reassigned under a different map in as few as seven days. Alabama itself had previously told courts the process takes three to four months.

What the Supreme Court Decided

In an unsigned per curiam opinion, the majority sided with Alabama and granted the stay. The Court said Alabama was likely to succeed on the merits of both claims when the case is fully argued and decided.

On the intentional discrimination claim, the Court said the district court violated the presumption of legislative good faith by treating Alabama's legal disagreement with the prior court order as proof of discriminatory intent.

On the Voting Rights Act claim, the Court said the district court's analysis departed from Callais. Under that decision, the plaintiffs were required to show that their alternative map performed "just as well" as Alabama's on all legitimate redistricting criteria. The Court found the district court granted relief even though the plaintiffs' alternative map would not perform as well on two criteria: preserving the Gulf Coast community of interest and avoiding incumbent pairing.

On timing, the Court invoked what is known as the Purcell principle. It's a rule that courts should not alter election rules close to an election. But the majority specified the rule applies to federal courts. States are free to decide for themselves whether last-minute changes to an election are in their best interests, even when those decisions create administrative disruption.

This decision is not a final ruling. The case remains pending and will be decided on the full merits once the appeal is properly before the Court.

What the Dissenters Said

Justice Sotomayor, joined by Justices Kagan and Jackson, wrote a forceful dissent challenging the majority on the law, the facts, and the equities.

On the law, Sotomayor argued that Callais said nothing about the standard for Fourteenth Amendment intentional discrimination claims. The Court in Callais explicitly stated that its revised test for Section 2 does not require proving intent. It is hard to explain, she argued, how the district court's Fourteenth Amendment analysis could have departed from an opinion that expressly left the intent standard untouched. She also argued the majority's order nowhere acknowledges that the district court's factual findings are reviewed only for clear error — a standard the majority appeared to bypass entirely.

On the facts, Sotomayor pointed to the Alabama House Speaker, Nathaniel Ledbetter, who said: "If you think about where we were, the Supreme Court ruling [in Allen] was five to four. So there's just one judge that needed to see something different." The district court read that statement as evidence the legislature was focused on the Court's makeup rather than on remedying the discrimination it had been ordered to fix. The district court also found that Alabama adopted redistricting criteria it had never used before, developed in secret and made a second opportunity district mathematically impossible. A record Sotomayor called more than sufficient to support the finding of intentional discrimination.

On the equities, Sotomayor applied the clean hands doctrine. It's a principle that a party seeking equitable relief must not itself have acted unfairly. She argued Alabama's hands were far from clean. Alabama deliberately flouted the district court's injunction that the Supreme Court had already affirmed in 2023, drawing a map the state knew would not comply. And Alabama took flatly contradictory positions at different stages of the litigation. In 2022, the state argued that changing congressional maps four months before a primary would throw elections into chaos and require heroic efforts to reassign hundreds of thousands of voters. Now, in 2026, the state claims seven days is sufficient.

Sotomayor also turned the Purcell principle against the majority. The court-drawn remedial map had been in place for two years and was the status quo. It was the Supreme Court's own decision three weeks earlier to vacate the district court's injunction and restore Alabama's 2023 map while voting was already under way that set this disruption in motion. She argued the Court had the equitable authority to fix the mess it helped create rather than deepen it.

What This Decision Means and What Comes Next

This case exposes a fundamental question that will be answered only when the Court takes up the full appeal: how does the Court's new Callais standard interact with Fourteenth Amendment intentional discrimination claims?

Callais rewrote the rules for proving voting rights violations based on discriminatory effect. But Callais also said it was not overruling the 2023 decision in Allen that found Alabama's original map unlawfully discriminatory. And Callais explicitly said its new test does not require proving intent. The majority in this stay nonetheless applies Callais to the intentional discrimination analysis without clearly explaining how those two positions fit together.

Under established law, a plaintiff alleging intentional discrimination only needs to show race was a motivating factor, and trial courts' findings of fact are supposed to stand unless plainly wrong. The majority's order appears to apply a more demanding framework without saying so. If the full Court adopts that approach on the merits, it would significantly raise the bar for proving that a state deliberately entrenched racial discrimination. Even when a trial court found exactly that after weeks of evidence and full briefing.

The Purcell question and the clean hands argument will also be live on the full appeal. The Court will need to defend the nuance of this decision more fully when the case is argued on the merits. Meanwhile, Alabama's August 11 special primary election will proceed under its 2023 congressional map. This is the one the district court found was designed to make a second Black-opportunity district impossible. The full appeal is pending.

Whitton v. Dixon, Docket No. 25-580

Listen to the episode On Spotify on Apple Podcasts or on YouTube

Gary Richard Whitton sits on Florida's death row after a jury convicted him of murder based partly on testimony from a jailhouse informant. But that informant lied to the jury, and prosecutors knew it. Now the Supreme Court has stepped in to clarify when a trial includes false testimony how courts figure out if that lie actually changed the outcome. The answer matters not just for Whitton, but for how courts handle convictions across the country.

The Case: A Lie That Prosecutors Knew About

Whitton was convicted of stabbing someone to death. The prosecution's key witness was Jake Ozio, a fellow inmate, who claimed Whitton had confessed to him in jail. Ozio also told the jury he had no criminal history. That was false. Prosecutors had Ozio's juvenile records showing he had been charged with assault, terroristic threats, and burglary. They never corrected his lie.

After losing appeals in state court, Whitton asked a federal court to overturn his conviction, arguing that the prosecution's use of false testimony violated his right to a fair trial. Two lower courts said no. The Supreme Court disagreed, but not in the way Whitton hoped. The justices didn't say the lower courts reached the wrong answer. They said the lower courts used the wrong method to get there.

The Real Disagreement: What Evidence Should Count?

The dispute centered on a technical but important question. When deciding whether a lie at trial actually affected a jury's verdict, what evidence should a court consider?

Whitton's lawyers argued the lower court made a critical error. The Eleventh Circuit Court of Appeals had relied on DNA test results from 2002 showing the victim's blood was on Whitton's boots. But that DNA evidence didn't exist when the trial happened. The jury never saw it. Using evidence the jury never heard to decide whether the false testimony mattered seemed backwards to Whitton's team.

The State countered with two arguments. First, it said Whitton hadn't properly raised this specific claim in state court before going to federal court. Second, it argued the evidence of guilt was so overwhelming that the false testimony couldn't have changed anything anyway.

What the Supreme Court Decided

The Supreme Court kept its ruling narrow and focused on procedure. The justices held that the lower court made a mistake by using post-trial DNA evidence when deciding whether the false testimony mattered. The logic is simple. Evidence that didn't exist at trial and wasn't presented to the jury couldn't have influenced the jury's decision.

The Court drew a sharp line between two different questions. One question is whether an error at trial affected the jury that actually decided the case. The other question is whether the defendant is actually guilty. These are not the same thing. A court deciding whether a trial error mattered must focus only on what the jury heard and saw, not on evidence discovered later. The Supreme Court sent the case back to the lower court to redo the analysis the right way.

The Dissenters' View

Justice Thomas, joined by Justice Alito, disagreed. Thomas argued the DNA reference was just one or two sentences in a 64-page opinion and the rest of the analysis stood on its own. He also contended that Whitton should have lost the case entirely because he didn't properly raise this claim in state court first.

Thomas added a separate criticism that Alito didn't join. He complained the Supreme Court was choosing to hear this case while ignoring other cases he considered more important, including cases about race-based school admissions and free speech on college campuses. This part of his dissent read more like a complaint about the Court's priorities than a legal argument about Whitton's case.

How Courts Decide If Lies at Trial Really Matter

The Supreme Court's decision establishes an important principle for how courts should handle claims of false testimony at trial. When a defendant argues that a lie affected the jury's verdict, courts must ask one specific question: Did the jury hear this false evidence, and could it have changed their decision? Post-trial evidence, no matter how convincing, cannot answer that question.

This is a high bar for defendants to clear. They must prove the testimony was false, that prosecutors knew it was false, and that there's a reasonable chance it affected the verdict. Federal courts reviewing state convictions apply an even stricter standard. But the Supreme Court's ruling ensures courts ask the right question in the right way.

What happens to Whitton now remains uncertain. The lower court must reconsider his case using only the evidence the jury actually heard. Whether he ultimately wins may depend on a separate legal question about whether he properly exhausted his state court options. But the principle the Supreme Court established will guide courts in future cases for years to come. When deciding if a trial error mattered, focus on what the jury knew, not what we know now.

Margolin v. NAIJ, Docket No. 25-767

Listen to the episode On Spotify on Apple Podcasts or on YouTube

The Supreme Court just shut down an appeals court for deciding a case based on a legal question that neither side actually asked the court to consider. In Margolin v. National Association of Immigration Judges, the justices unanimously reversed an appeals court that tried to rewrite the rules governing federal employee complaints, all on its own initiative. The case highlights how political attitudes can change the system Congress created to handle workplace disputes. It's a fundamental tension in American law.

What This Case Is Actually About

Immigration judges challenged a federal policy that required them to get permission before giving public speeches about their work. They claimed the policy violated their constitutional rights to free speech and due process. But here's where it gets complicated: federal law says that when federal employees have workplace complaints, they have to go through a special review board called the Merit Systems Protection Board, not regular federal courts.

Both the lower court and appeals court agreed the immigration judges had to use that special board instead of suing in federal court. But then the appeals court did something unusual. On its own, without either side asking, it started investigating whether recent political changes had broken the Merit Systems Protection Board so badly that the whole system no longer worked. The Supreme Court said: stop right there.

The Core Problem: Courts Making Up Issues

The Supreme Court's decision was straightforward and unanimous. In our legal system, judges are supposed to decide the cases that parties bring to them, not invent new cases on their own. When a court goes beyond what both sides actually argued and creates entirely new legal questions, it's unfair and it breaks how the system is supposed to work.

That's exactly what happened here. The immigration judges made a narrow argument: their free speech claims were special and should be handled differently. The appeals court turned that into a sweeping question about whether the entire federal employee review system needed to be rethought because of political disruptions. Nobody asked the court to do that. The Supreme Court reversed the decision and sent it back.

The Bigger Question the Court Avoided

Underneath this procedural ruling sits a genuinely difficult question that the Supreme Court deliberately chose not to answer: Can a law's meaning change if the government system it depends on stops working properly?

Justice Thomas, joined by Justice Barrett, went further in a separate opinion. He argued that even if the appeals court had properly raised the question, the answer would be no. A law means what it says, and that meaning doesn't shift because political circumstances change. If Congress wants to change how federal employees file complaints, Congress has to rewrite the law. Courts can't do it by reinterpreting what Congress wrote.

But the tension worth understanding is if the Merit Systems Protection Board truly cannot function because its leadership has been removed, then federal employees with legitimate workplace complaints might have nowhere to go. The appeals court was trying to solve that real problem. Justice Thomas's view is that's not the court's job to fix, even if the result is unfair.

Scope of Federal Appeals and a Deeper Lesson

This case matters because it affects how federal employees can challenge workplace decisions. For now, the law still requires them to go through the Merit Systems Protection Board, even if that board isn't working well. If you're a federal employee with a complaint, you can't just skip that process and sue in regular court, even if the special board is broken.

The Supreme Court also sent a message to appeals courts: stop deciding cases on issues the parties didn't raise. This is the second time in recent years the Court has reversed this same appeals court for doing exactly that. The justices are clearly frustrated with the pattern.

The deeper lesson is that our legal system depends on a balance: courts interpret laws as written, but only when parties actually ask them to. When that balance breaks down, it can create real problems for people caught in the middle. Right now, immigration judges and other federal employees are stuck in that middle ground, waiting to see if Congress will fix a system that may no longer be working as intended.

Hamm v. Smith, Docket No. 24-872

Listen to the episode On Spotify on Apple Podcasts or on YouTube

The Supreme Court just walked away from a case that could have changed how courts decide whether someone with an intellectual disability can be executed. Joseph Clifton Smith took five IQ tests. Four of them showed he was intellectually disabled. One didn't. Now his life depends on which number the courts believe matters most, and the nation's highest court refused to say.

The Case: One Man, Five Test Scores, One Unanswered Question

Joseph Clifton Smith was sentenced to death in Alabama in 1998 for murder. In 2002, the Supreme Court ruled that executing people with intellectual disabilities violates the Constitution. Smith argued he qualified for that protection. He took five IQ tests over the years. His scores were 75, 74, 72, 78, and 74. Standard error calculations allow for Smith's lowest score, 72, to be considered as low as 69. Alabama uses 70 as the cutoff for intellectual disability. The lowest score's error threshold is below Alabama's cutoff.

A federal judge looked at more than just the numbers. The judge reviewed the range of error built into each test, listened to expert witnesses, examined Smith's school records, and considered that Smith struggled with basic life skills. The judge concluded Smith was intellectually disabled. An appeals court agreed. The Supreme Court said it would decide the case, then suddenly changed its mind and dismissed it without explaining why.

The practical result: Smith cannot be executed. But the legal question remains completely unanswered, and that silence is creating chaos in courtrooms across the country.

What Each Side Argued

Alabama wanted courts to treat IQ scores like a math problem. Add them up, average them, find the middle number, the state argued. Use any standard statistical method, and Smith's scores land above 70. The state also said IQ tests are the most reliable evidence and should carry the most weight.

Smith's lawyers countered that Alabama's own law requires looking at the whole picture. They pointed out that every Alabama court since 2014 had done exactly that. They emphasized the overwhelming evidence: Smith was classified as intellectually disabled in seventh grade, tested two to four years behind his peers, and multiple experts agreed his intellectual functioning fell within the disability range.

The federal government sided with Alabama, arguing the lower courts had used the wrong legal standard and failed to weigh all the IQ evidence together properly.

Why the Supreme Court Walked Away

The Court issued a one-sentence opinion: the case was dismissed. No reasoning. No guidance. Nothing.

Justice Sotomayor explained her vote to dismiss. She noted that Alabama itself admitted there was no single required formula for combining scores. Even Alabama's own expert had not used the statistical methods the state was now pushing. More importantly, Alabama had never raised this argument in the lower courts. The state only brought it up at the Supreme Court level, making this a poor case to resolve the question.

Sotomayor also defended the lower courts' approach as consistent with how psychologists actually diagnose intellectual disability. The American Psychological Association says clinicians should evaluate all scores together using professional judgment, not mechanical formulas.

The Dissenters' Warning

Justice Alito argued the lower courts made serious errors. He said courts cannot ignore IQ scores just because other evidence suggests disability. Without clear rules, he warned, these hearings will become unpredictable battles between experts with wildly inconsistent results.

Justice Thomas went further. He argued the entire 2002 decision protecting intellectually disabled people from execution was wrong and should be overturned.

Chief Justice Roberts and Justice Gorsuch joined Alito's call for clearer rules but notably refused to join his conclusion that the lower courts got this specific case wrong. That distinction matters. It suggests they agreed the law needs fixing but were not ready to say Smith's courts made a reversible error.

What This Means Going Forward

The Supreme Court left several fundamental questions unanswered. Should courts treat IQ scores as mathematical data points, or should they consider the full context of a person's life and abilities? Should federal constitutional law simply adopt whatever definition a state uses, or does the Constitution set its own independent standard? And when scientists disagree about how IQ tests work, who decides?

For now, Smith cannot be executed. But the legal pressure is building. Four justices want to provide guidance. Thomas wants to overturn the entire protection. The federal government wants to scale it back. This dismissal delays the conflict rather than resolves it, and the next case could force the Court to finally answer these questions, with stakes just as high.

District of Columbia v. R.W., Docket No. 25-248

Listen to the episode On Spotify on Apple Podcasts or on YouTube

The Supreme Court just reversed a lower court's decision to throw out evidence from a police stop, but the case reveals a fundamental tension in how America's courts decide when officers can legally pull someone over. The question sounds simple: did police have enough reason to stop a teenager driving a car at 2 a.m.? But the answer exposes a real disagreement about how judges should evaluate suspicious behavior, and whether the Supreme Court should even be involved in cases like this one.

What Happened That Night

Around 2 a.m., Officer Vanterpool responded to a radio dispatch about a suspicious vehicle. When he arrived, two passengers bolted from the car, leaving a door open. The driver, a teenager named R.W., started backing up without closing the door. The officer blocked the car, drew his weapon, and ordered R.W. to show his hands. Police later charged R.W. with unauthorized use of a motor vehicle and receiving stolen property. The charge was based on evidence from that stop.

The core question was straightforward: did the officer have enough legitimate reason to stop R.W. in the first place? The lower court said no. The Supreme Court said yes, and it did so without even holding a hearing. The Court signaled that the answer was obvious by skipping their regular procedure of hearing oral arguments.

The Court's Reasoning

The Supreme Court ruled that Officer Vanterpool clearly had grounds to stop R.W. Judges must look at the whole situation, not pick apart individual facts one by one. Think of it like a mosaic. A single tile might look meaningless, but tiles arranged together create a clear picture.

The Court found that R.W.'s companions running away was significant. So was R.W.'s own behavior: backing up with a door hanging open while his friends fled suggested he knew something was wrong. Together, these facts plus the radio dispatch gave the officer reasonable suspicion of criminal activity. That's the legal standard police need before stopping someone.

A Serious Disagreement

Justice Jackson dissented, but not to defend R.W.'s rights directly. Instead, she questioned whether the Supreme Court should have taken the case at all. She argued the lower court had done its job correctly: it carefully examined each fact before weighing them together. That's not the same as ignoring the full picture, she wrote.

Jackson also pointed out that every court, including the Supreme Court in this very opinion, decides which facts matter and which don't. The real question is whether the lower court made a clear error. She suggested it didn't. If the only correction needed was giving more weight to the companions running away, that wasn't significant enough to justify the Supreme Court stepping in without a hearing.

Justice Sotomayor noted she would have declined to hear the case entirely, signaling concern about whether this was the right kind of case for the nation's highest court to decide.

Big Questions About Police Power

Police need reasonable suspicion before they can stop someone. That's a lower bar than probable cause, which is what they need to make an arrest. Reasonable suspicion means an officer has a specific, objective, reason to suspect criminal activity. This reason must be based on the full circumstances, not just a gut feeling.

But here's the tension Jackson identified: how do you evaluate the full picture without examining each fact individually? Any judge writing a decision has to discuss facts one at a time and decide which matter. The difference between doing that fairly and improperly ignoring certain facts isn't always clear.

There's also a bigger question about the Supreme Court's role. The justices are supposed to reverse lower courts without full hearings only when the error is obvious. Whether a disagreement about what a teenager's behavior meant at 2 a.m. truly qualifies is debatable. Jackson's dissent is essentially a call for restraint; not every close judgment call needs the Supreme Court to weigh in.

This case shows how courts balance the competing concerns of protecting people from unreasonable police stops while giving officers enough flexibility to investigate genuine threats. The Supreme Court sided with police power here. But Justice Jackson's dissent reminds us that reasonable people can disagree about what suspicious behavior actually means, and that the Supreme Court doesn't need to settle every disagreement among lower courts.

Zorn v. Linton, Docket No. 25-297

Listen to the episode On Spotify on Apple Podcasts or on YouTube

A Vermont police sergeant used a painful arm-twisting technique to force a peaceful protester off the floor during a sit-in. She sued. The Supreme Court just said he cannot be held personally responsible. The decision highlights a growing tension on the Court: how much protection should police officers get from lawsuits, and at what cost to people injured by their actions?

What Happened

During a sit-in at the Vermont state capitol, Sergeant Jacob Zorn used a rear wristlock. It's a technique that bends the arm to cause pain and force compliance. Sergeant Zorn used it to lift protester Shela Linton off the floor. Linton was not fighting back or being aggressive. She was simply refusing to move.

Linton sued Zorn personally for violating her constitutional rights. The case hinged on a legal shield called qualified immunity. This doctrine protects government officials from personal lawsuits unless they violated a right that was already clearly established by prior court decisions. The question was simple: at the time Zorn acted, was it already obvious from existing court rulings that what he did was unconstitutional?

The Supreme Court said no. Because the law was not clearly established, Zorn was protected.

The Court's Reasoning

The unsigned majority opinion focused on whether an earlier case called Amnesty America v. West Hartford was specific enough to warn Zorn that his actions were illegal. The Court said it was not, for three reasons.

First, Amnesty America involved much more aggressive conduct. Officers were ramming protesters' heads and throwing them. Second, that case never actually ruled officers violated the law. It sent the case to a jury to decide. Third, Amnesty America itself referenced another case that actually approved of officers warning protesters and then using wristlocks to move them.

The Court emphasized that Zorn gave repeated warnings before using the wristlock. Because of these differences, the majority concluded Zorn could not have known his conduct was clearly illegal.

The Dissent's Objection

Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, disagreed sharply. She argued the majority got the facts wrong. According to the record, Zorn did not warn Linton before grabbing her arm. He only asked her to stand after he had already started twisting it.

Sotomayor also said the majority misread Amnesty America. That case did discuss rear wristlocks on passive protesters as a practice that could amount to excessive force. That should have been enough to put Zorn on notice, she argued.

More broadly, Sotomayor raised an alarm about a pattern she sees on the current Court: it quickly steps in to protect officers from lawsuits but rarely intervenes when courts wrongly let officers off the hook. This imbalance, she warned, is turning qualified immunity into something closer to absolute protection from accountability.

When Cops Can Be Held Accountable

The tension in this case reflects a real problem in how courts handle police lawsuits. The Fourth Amendment requires courts to weigh the full picture when deciding if force was reasonable. How serious was the situation? Was the person a threat? Were they resisting? That is flexible, case-by-case analysis.

Qualified immunity asks something much narrower. Was it already beyond debate, based on prior rulings, that this exact conduct was unconstitutional? The higher that bar, the harder it becomes to win a lawsuit against an officer.

Here is the practical problem: no two situations are exactly alike. If a prior case involving wristlocks on passive protesters alongside head-ramming is not specific enough to clearly establish that wristlocks alone are unconstitutional, then every slightly different scenario essentially needs its own court ruling before an officer can be held liable. That means the body of clearly established law can almost never grow fast enough to keep up with real-world situations.

The core debate on the current Court is how qualified immunity protects officers making difficult decisions in the moment. Decisions shouldn't create an unworkable barrier that shields misconduct from accountability. Tension exists between giving officers immunity and keeping them accountable raising questions about where the line should be drawn. The answer you give depends on how you weigh those competing concerns. The Court's six-justice majority and three-justice dissent clearly weigh them very differently.

Mirabelli v. Bonta, Docket No. 25A810

Listen to the episode On Spotify on Apple Podcasts or on YouTube

Tiny wording choices can change who gets a say, and when. That’s what this Supreme Court order is about: what schools can keep from parents, and what they must say out loud, when a student is transitioning at school. The Court said schools aren't able to keep information from parents about their child's gender transition and schools cannot override parental instructions on the name and pronoun to use with their child.

The Court said the parent plaintiffs are likely to win their claims tied to religious freedom and to parents’ rights under the Constitution. But the Court would not grant the same relief for the teacher plaintiffs.

The ruling was unsigned, and Justice Amy Coney Barrett wrote a separate opinion agreeing with the result. Justice Elena Kagan dissented, and Justice Ketanji Brown Jackson joined her.

Summary of the Case

It's one of those rare moments when the Supreme Court intervenes in the middle of an ongoing appeal, not after full briefing and oral argument, but through an emergency application to vacate a stay. Elizabeth Mirabelli and other California parents sued to challenge state education policies that, as administered, prevent schools from disclosing to parents information about their children's gender identity transitions at school and require schools to use students' preferred pronouns regardless of parental wishes. The District Court granted summary judgment for the parents and entered a permanent injunction. The Ninth Circuit stayed that injunction pending appeal. The parents then asked the Supreme Court to vacate the stay, and six Justices granted that request, but only as to the parents, not as to the teachers.

The case presented two constitutional theories. First, that the policies violate the Free Exercise Clause as applied to parents with sincere religious beliefs about gender. Second, that the policies violate the Due Process Clause of the Fourteenth Amendment by excluding parents from consequential decisions about their children's mental health. This second theory becomes crucial because it applies to all objecting parents, not just those motivated by religion.

Arguments Made By Counsel

The official Supreme Court record provided here contains no oral argument summary. The Court resolved this application on an abbreviated schedule without live argument before the Justices, a procedural posture that Justice Kagan's dissent heavily criticizes. However, we can reconstruct the competing positions from the opinions themselves.

The parents' counsel emphasized two things. First, that California's policy operates as a blanket prohibition. School officials testified they cannot disclose information about gender transitions even when parents directly ask. Second, the plaintiffs' factual narratives are emotionally compelling. The Poe family's daughter attempted suicide. Her parents learned she had been presenting as a boy at school only from a hospital psychiatrist, not from school officials. Even after hospitalization, when the child moved schools, administrators continued withholding information and using the chosen identity against parental instruction.

The state's counsel, represented by California's Attorney General Rob Bonta, grounded its defense in student safety and privacy. The Ninth Circuit, which stayed the injunction, appeared sympathetic to this argument, suggesting that a blanket parental notification policy might expose vulnerable transgender students to abuse by unsupportive parents. The state also raised structural objections: the class certification was insufficiently rigorous, the injunction was overbroad, and some class members lacked standing because they weren't actually injured by the policy.

Opinion of the Court

The per curiam majority, six Justices, granted the application as to the parents only, meaning the injunction requiring parental disclosure and respect for parental directives on names and pronouns can take effect while the Ninth Circuit continues its appeal.

On the merits, and this is important, the Court did not finally decide these cases. It instead applied a test for emergency relief, which has four factors: likelihood of success on the merits, irreparable harm, balance of equities, and public interest. A preliminary assessment suffices.

On the Free Exercise Claim, the majority reasoned that parents with sincere religious beliefs about sex and gender are likely to succeed. California's policies substantially interfere with the right of parents to guide the religious development of their children, according to the most recent precedent expanding free exercise protections. Importantly, the Court analogized that the intrusion here, unconsented facilitation of social gender transition, exceeds what it found sufficient in a recent case involving the mere presence of LGBTQ storybooks in curriculum. The state's compelling interests in student safety and privacy don't survive strict scrutiny because they cut out the primary protectors of children's best interests: their parents. Moreover, the Court noted that a narrower policy, allowing exemptions while still protecting children from abusive parents through enforcement of existing child abuse laws, would advance the state's interests with less burden on religious liberty.

On the Substantive Due Process Claim, here the Court invoked bedrock precedents establishing that parents, not the state, have primary authority over the upbringing and education of children. The Court drew a crucial distinction: gender dysphoria is a mental health condition, and prior precedent specifically protected parental participation in decisions about children's mental health. California's policy conceals this information from parents and facilitates social transition during school hours, thereby excluding parents from participation in a consequential mental health decision. This is likely unconstitutional.

On Irreparable Harm, the majority treated the denial of asserted constitutional rights during a protracted appellate process as irreparable by definition.

On Balance of Equities, the Court held that child safety actually favors the parents' position because fit parents advancing their judgment promotes wellbeing, while the state retains its ability to protect children from unfit parents through child welfare law and custody removal.

Separate Opinions

Justice Barrett's Concurrence, joined by Chief Justice Roberts and Justice Kavanaugh, agrees with the result but adds a methodological clarification about substantive due process, a doctrine generating significant contemporary controversy on this Court.

Barrett emphasizes that substantive due process, while controversial, is not newly invented. It requires rights to be deeply rooted in this Nation's history and tradition and implicit in the concept of ordered liberty. The parental right to direct children's upbringing, and specifically to participate in mental health decisions, has been part of constitutional law for a century. This is not judicial overreach. It's straightforward application of existing precedent.

Critically, Barrett addresses Justice Kagan's implicit concern. How can the Court recognize parental rights here when it eliminated abortion rights in Dobbs based on the identical framework? The concurrence replies that Dobbs didn't repudiate substantive due process doctrine generally. Rather, it applied the test to conclude that abortion specifically is not deeply rooted in this Nation's history and tradition. That targeted elimination doesn't undermine the parental rights cases, which face no such challenge. No party disputes those precedents' continued validity.

Barrett also defends the Court's decision to accompany the stay vacation order with a substantive per curiam opinion rather than issuing a terse, reasoned judgment. In her view, the Ninth Circuit significantly misunderstood recent precedent, and brief correction serves efficiency. Moreover, because Justice Kagan raises the Dobbs tension, it would be unwise to issue an unreasoned order on the substantive due process claim.

Finally, she emphasizes that likely is the operative word. This is a preliminary merits assessment to inform the emergency relief question, not a conclusive resolution. The litigation continues in the Ninth Circuit and potentially here.

Justice Thomas and Justice Alito noted separately that they would grant the application in full, meaning they would vacate the stay as to the teachers as well. The per curiam denied relief for the teachers, perhaps on grounds that their claims differ from the parents' in doctrinally relevant ways.

Dissenting Opinions

Justice Kagan, joined by Justice Jackson, dissented, mounting a structural critique of how the Court handled this case rather than disagreeing with the ultimate merits assessment.

Her core grievance: This is precisely the kind of novel, high stakes issue the emergency docket was never designed to resolve. The ordinary appellate process had barely begun. Only the district court had ruled on the merits. The Court received minimal briefing, held no oral argument, conducted no conference deliberation, and decided the matter in weeks. Yet it issued a per curiam opinion that, despite the word likely sprinkled throughout, will inevitably be read by lower courts, state officials, and the public as conclusively resolving the dispute.

Kagan notes several procedural irregularities. First, the Ninth Circuit's en banc process was already underway when the plaintiffs simultaneously filed a motion there and an application here. Sound practice would counsel waiting for the Ninth Circuit to complete its work before the Supreme Court jumps in. Second, and more galling to Kagan, a petition for certiorari raising essentially identical legal issues has been pending since November in a First Circuit case with the same policy structure. The Court could have granted it, heard full briefing, held oral arguments, deliberated properly, and issued a considered opinion come next fall. Instead, it chose the truncated emergency docket. Kagan notes approximately 40 cases raising similar due process and free exercise challenges to school policies are currently in the judicial pipeline, so the Court would not wait long if it did the work properly.

Critically, Kagan raises a tension the per curiam tries to finesse: the substantive due process problem. The Court derives its holding from parental rights rooted in substantive due process doctrine, yet this Court, particularly the majority coalition, has expressed deep skepticism toward substantive due process in recent years. Justice Thomas has called for overruling all substantive due process precedents. Justice Gorsuch criticized the judicial misuse of substantive due process. Justice Kavanaugh's Dobbs concurrence emphasized that the Constitution does not grant the nine unelected Members of this Court the unilateral authority to rewrite the Constitution.

The dissonance is stark. In Dobbs, the Court repudiated a woman's right to make consequential decisions about her own health, abortion, based on it not being deeply rooted in American tradition.

The Tension Between Parental Rights and Student Privacy

This case sits at the intersection of two deeply held values: the right of parents to be involved in their children's lives, and the interest in protecting vulnerable students who may not be safe at home. The Court sided with the parents, finding that California's blanket policy of withholding information about a child's gender transition likely violates both religious freedom and the constitutional right of parents to direct their children's upbringing. But the word "likely" is doing a lot of work here. This is preliminary relief, not a final answer.

The dissent's objection isn't really about who should win. It's about how the Court chose to decide. By resolving this on the emergency docket the majority issued what looks like a major constitutional ruling through a process designed for urgent but narrow interventions. With dozens of similar cases working through the courts, the question of whether schools can keep gender-transition information from parents was going to reach the Court eventually. The dissent says the Court should have let that process play out.

What makes this case hard is that both sides are trying to protect children. Parents argue they can't fulfill that role if schools are keeping secrets from them. The state argues that some children need protection from their own parents. The Court's answer, for now, is that fit parents are presumed to act in their children's best interests, and the state can use existing child welfare laws to handle the exceptions. The Ninth Circuit has a tenuous framework to consider their decision. Cases currently working their way through the court system now is signaling that the Supreme Court will have to further deliberate substantive due process again soon.

Klein v. Martin, Docket No. 25-51

Listen to the episode On Spotify on Apple Podcasts or on YouTube

In this case, the hard part isn’t just what the Constitution requires. It’s how much room federal judges have to second-guess what state courts already decided. That’s the nuance here: even if you think a trial should have gone differently, federal law sets a high bar before a federal court can step in and order a new trial.

Klein v. Martin involves a state prisoner convicted of attempted murder. The dispute centers on a forensic computer report that was not turned over to the defense. The question is whether keeping that report back would have changed the outcome.

The Supreme Court, in a short ruling, said the Fourth Circuit went too far when it granted federal habeas relief. The Justices said the Fourth Circuit didn’t give enough deference to the Maryland state appellate court under AEDPA, the federal law that limits when federal courts can undo state convictions. The Supreme Court said a fair-minded judge could reasonably decide the missing report would not have changed the verdict, given the strength of the other evidence.

Justice Ketanji Brown Jackson dissented and said she would have denied the petition.

Understanding Federal Court Limits in State Criminal Cases

Charles Brandon Martin was convicted in a Maryland state court for his role in the attempted murder of his pregnant girlfriend, Jodi Torok. The prosecution built their case on several pieces of evidence. They had DNA evidence linking Martin to a modified Gatorade bottle found at the crime scene, which prosecutors claimed was a homemade silencer. Witnesses testified they saw Martin at the location where this device was built. The prosecution also presented evidence that Martin had a motive: he wanted Torok to end her pregnancy. Finally, text messages showed that Martin knew where Torok would be on the day of the shooting.

After his conviction, Martin challenged the verdict during state postconviction proceedings. He argued that prosecutors had violated his constitutional rights by hiding important evidence. Specifically, the prosecution never disclosed a forensic report about a laptop Martin owned. This report showed the laptop contained no searches for terms like "handgun" or "silencer." This mattered because a prosecution witness named Sheri Carter had testified that she saw Martin researching silencers on that very laptop.

The Maryland Court of Special Appeals reviewed this claim and decided the hidden evidence was not important enough to have changed the verdict. They reasoned that even without Carter's testimony, plenty of other evidence pointed to Martin's guilt. The Fourth Circuit Court of Appeals disagreed with Maryland's decision and granted Martin relief. The Fourth Circuit believed Maryland had applied the wrong legal test when evaluating whether the hidden evidence mattered.

The State of Maryland argued that the Fourth Circuit had failed to give proper respect to the state court's decision. Maryland contended that their appellate court had correctly applied the legal test for determining whether hidden evidence matters. They emphasized that substantial evidence connected Martin to the crime, even setting aside what Carter said about the laptop searches. Martin's side argued that the forensic report would have seriously damaged the prosecution's theory that the Gatorade bottle was a silencer. They believed this evidence could have cast the entire case in a different light and undermined confidence in the guilty verdict.

Opinion of the Court

The Supreme Court issued what's called a per curiam opinion. This is a unanimous ruling that doesn't identify which justice wrote it. The Court summarily reversed the Fourth Circuit's decision.

The Supreme Court held that the Fourth Circuit made two fundamental mistakes. First, the Fourth Circuit wrongly concluded that Maryland's appellate court had applied the wrong legal test. The Supreme Court emphasized that the state court had accurately summarized the relevant legal precedents, correctly stated the governing rule, and explicitly applied that rule to the facts of the case. The Fourth Circuit had criticized the state court's analysis for not being sufficiently detailed or for failing to discuss certain pieces of evidence. The Supreme Court said this criticism violated an important principle: federal courts cannot impose their own standards for how state courts should write their opinions.

Second, the Supreme Court found that the Fourth Circuit erred when it decided that no reasonable judge could agree with Maryland's conclusion. The Supreme Court pointed to the substantial evidence against Martin: his DNA on the bottle, eyewitness testimony from Michael Bradley about how the bottle was constructed, Martin's motive for wanting Torok harmed, his text message that established where Torok would be, his ownership of the right caliber weapon, and his suspicious behavior after the shooting. Even if the forensic report had completely destroyed Carter's credibility, a reasonable judge could still conclude that all this other evidence strongly supported the conviction.

Dissenting Opinions

Justice Jackson noted that she would have denied the petition for review, but she provided no explanation for her position. This notation indicates disagreement with the Court's decision to hear the case at all, not necessarily disagreement about who should win. Justices sometimes take this position when they believe a case does not warrant the Supreme Court's attention, perhaps because it involves applying settled law to specific facts rather than resolving a disagreement between different courts or addressing a novel legal question.

Federal Court Review of State Convictions

This decision illustrates an important limitation on federal courts' power to overturn state court criminal convictions. Congress created this limitation through a law called the Antiterrorism and Effective Death Penalty Act, or AEDPA.

The critical legal distinction involves two different tests that might sound similar but work quite differently. One test asks: "Is there enough evidence remaining to support a conviction?" This is called a sufficiency of the evidence test. The other test asks something more nuanced: "Would the undisclosed evidence have put the whole case in such a different light as to undermine confidence in the verdict?" This second test comes from a famous case called Brady v. Maryland, which established that prosecutors must share evidence that could help prove a defendant's innocence.

The Fourth Circuit believed Maryland's court had confused these two tests. The Fourth Circuit thought Maryland was claiming to apply the Brady test while actually just asking whether enough evidence remained for conviction. The Supreme Court disagreed and found that Maryland followed the Brady standard correctly.

But there's another layer of complexity here. AEDPA requires what courts call "doubly deferential" review. Under this law, federal courts cannot grant relief to a state prisoner merely because they would have decided the case differently. Instead, they must find that the state court's decision was contrary to clearly established federal law or involved an unreasonable application of that law. The Supreme Court has described this standard as protecting only against extreme failures in state court decision making. The test asks whether any reasonable judge could have reached the state court's conclusion, not whether the federal court agrees with that conclusion.

In practical terms, this means that even if the undisclosed forensic report might have changed the outcome of Martin's trial, federal habeas relief is unavailable unless no reasonable judge could conclude otherwise. The Supreme Court found plenty of room for reasonable disagreement in this case. Given the circumstantial but substantial evidence tying Martin to the modified bottle and the shooting, a reasonable judge could conclude that hiding the forensic report did not undermine confidence in the verdict.

This case reinforces that federal courts must give considerable deference to state court decisions, even when reviewing claims that constitutional rights were violated. The system tolerates significant disagreement among judges about the right outcome, as long as the state court's decision falls within the range of reasonable interpretations of federal law.

Laboratory Corp. of America Holdings v. Davis, Docket No. 24-304

Listen to the episode on Spotify

Laboratory Corp. of America Holdings v. Davis, Docket No. 24-304

The Supreme Court was ready to weigh in on whether a lawsuit for damages could include people who were never hurt alongside those who actually suffered harm, but then it decided not to decide. After agreeing to hear the case, the Justices dismissed it as improvidently granted and sent it back without ruling on the question. That means there’s still no clear answer on whether a class action can pack together injured and uninjured members under the federal rules. Justice Brett Kavanaugh disagreed with that move and wrote a dissent. He would have liked the Court to tackle the issue head-on. What this all means is that lower courts and companies are still left guessing about how to handle these mixed classes in big lawsuits.

Summary of the Case

LabCorp, a national diagnostic laboratory provider, installed touchscreen "e-check-in" kiosks in its California patient centers. Because these kiosks weren't accessible to blind or visually impaired patients, several legally blind individuals sued LabCorp. They claimed the company denied them "full and equal enjoyment" of services under the Americans with Disabilities Act and California's Unruh Civil Rights Act.

The plaintiffs sought to certify a statewide class action that could potentially seek damages up to $500 million per year. This class would include all legally blind patients who "due to their disability, were unable to use" the kiosks.

LabCorp challenged the class certification, arguing that the definition included people who weren't actually harmed - specifically, blind individuals who wouldn't have used the kiosks anyway due to personal preference or habit. The Ninth Circuit Court of Appeals allowed the class to proceed, applying its precedent that permits classes that "potentially include more than a de minimis number of uninjured class members." LabCorp then asked the Supreme Court to review whether a damages class action can include both injured and uninjured members.

Opinion of the Court

In a brief per curiam (by the court) order, the Supreme Court dismissed the case as "improvidently granted," meaning they decided not to rule on the issue after all. The Court provided no analysis of either the procedural questions or the class certification issues, leaving the Ninth Circuit's judgment intact without addressing the merits.

Dissenting Opinions

Justice Kavanaugh dissented from the dismissal. He argued that:

  • The case should not have been dismissed on procedural grounds. He rejected the plaintiffs' argument that LabCorp appealed the wrong certification order, noting that the later "clarification" order didn't materially change the original certification.

  • On the merits, Justice Kavanaugh believed that the federal rules governing class actions prohibit certifying a damages class that "includes both injured and uninjured members." He argued that a class of uninjured individuals cannot share a common injury, which conflicts with several previous Supreme Court decisions.

  • Allowing overly broad class certifications forces defendants into settlements and ultimately imposes costs on consumers, retirees, and workers by inflating liability exposure. He would have reversed the Ninth Circuit's decision.

When Class Actions Can Include Potentially Uninjured Members

This case highlights a tension in class action law about who can be included in a lawsuit seeking damages. Three key legal frameworks are at play:

  1. The ADA and California's Unruh Act both require businesses to provide "full and equal" access to people with disabilities. The Unruh Act allows for $4,000 in damages per violation, regardless of actual harm suffered.

  2. Federal class action rules require that common questions "predominate" over individual ones before a damages class can proceed. This requirement aims to ensure class treatment is both convenient and fair.

  3. Federal rules allow immediate appeals of class certification decisions because certifying large classes with potentially uninjured members can create enormous liability risks and pressure to settle regardless of the merits.

The Ninth Circuit's approach allows certification even when more than a small number of class members may lack any injury, as long as "some evidence of injury" exists for others. Justice Kavanaugh viewed this exception as incompatible with class action rules and Supreme Court precedents, which he believes require each class member to share a common injury.

This case reflects the ongoing challenge of balancing the need to address widespread discrimination through class actions while preventing overly broad certifications that might lead to unfair settlements or violate defendants' due process rights.

A.A.R.P. v. Trump, Docket No. 24A1007

Listen to the episode on Spotify

The justices put a hold on the removal of several Venezuelan nationals linked to a group called Tren de Aragua. They ruled these detainees have to receive clear and timely notice so they can ask a court to review their status. The high court sent the case back down and told the lower courts to figure out exactly how much notice is fair and then to dive into the deeper challenges those detainees have raised. This isn’t a final decision on whether they’ll stay or go, but it does pause the process and forces the government to spell out the reasons against each person. What happens next could shape how far the government must go in giving notice to anyone it wants to remove under national security laws.

Summary of the Case

Two Venezuelan nationals were detained in Texas and identified as members of Tren de Aragua, a designated terrorist group. Using the Alien Enemies Act, the President issued an order for their immediate removal from the United States. The detainees sought emergency relief in court, arguing they were given only about 24 hours' notice with no real chance to consult lawyers or challenge their removal. When the trial court failed to rule for over 14 hours, they appealed to a higher court and also directly to the Supreme Court. The appeals court dismissed their case, claiming it lacked jurisdiction because the trial judge had been given only 42 minutes to act. The detainees then brought their case directly to the Supreme Court.

Opinion of the Court

In the court's decision, the Supreme Court granted temporary protection for the detainees, overturned the appeals court's judgment, and sent the case back for further proceedings. First, the Court ruled that the appeals court was wrong: higher courts do have authority to review cases when a lower court's inaction effectively denies emergency relief, which is what happened here.

Second, applying constitutional principles, the Court reaffirmed that "no person shall be removed from the United States without opportunity, at some time, to be heard." The Court emphasized that people detained under the Alien Enemies Act must receive notice that reasonably informs them about their removal and actually allows them to challenge it. Notice given roughly a day in advance, without information about legal counsel or procedures, clearly failed to meet constitutional requirements. The Court therefore blocked removals under the Alien Enemies Act while lower courts determine exactly what kind of notice is required, stressing that national security must be pursued in "a manner consistent with the Constitution."

Separate Opinions

Justice Kavanaugh agreed that temporary relief was warranted to preserve the courts' role, but he argued against sending the case back to lower courts. Instead, he urged the Supreme Court to fast-track the case and resolve two key questions now: whether the Alien Enemies Act authorizes removal of these particular detainees, and what legal process the Act requires.

Dissenting Opinions

Justice Alito, joined by Justice Thomas, fully disagreed with the majority. He first argued the Court lacked jurisdiction: the trial court had been working diligently, the 42-minute deadline imposed by the detainees was unfair, and there was no effective denial of relief. Second, he maintained that the detainees failed to show they would likely win their case on its merits. Third, he criticized the Court for bypassing normal judicial procedures, stating: "we are a Court of review, not first view."

The Tension Between Ancient Laws and Modern Rights

At the heart of this case is the Alien Enemies Act, a law dating back to 1798 that gives the President power to remove citizens of countries at war with the United States. The law itself is remarkably brief and says nothing about procedural protections. However, over more than a century, the Supreme Court has established fundamental due process limits on this executive power. Past cases have established that removal without "opportunity, at some time, to be heard" is unconstitutional, and that people facing removal must receive notice "reasonably calculated under all the circumstances" to inform them and give "a reasonable time" to respond. In a recent 2025 case, the Court unanimously confirmed that people detained under the Alien Enemies Act must receive adequate notice and an opportunity to challenge their detention before being summarily removed. Lower courts must now determine exactly what form and timing of legal process the Constitution requires before someone can be removed under this Act. This case highlights the ongoing tension between an old statutory power and evolving constitutional protections—showing how our legal system balances legislative authority with constitutional rights.