Some local governments want to hold oil companies accountable for climate change. But do those suits belong in state court or federal court? And why does it matter? SCOTUS heard argument today on that issue. We tried to summarize in a TikTok minute. Follow us if you haven’t yet!
This was the topic of our SCOTUStalk podcast episode this week. Elizabeth Prelogar will return to DOJ as top deputy in the solicitor general's office. Still waiting for the SG pick announcement...
#SCOTUS nerds are also watching this one closely. The Court has been considering Silver's petition for review of his case since early December, and could theoretically announce whether it will take it up as early as 9:30 am this morning.
The Supreme Court will issue orders at 9:30 a.m. EST. The court could grant a number of new cases including Silver’s petition mentioned below, abortion rights, election law, spiritual advisers at execution, and the Boston marathon bomber.
Dustin Higgs was executed at 1:23 AM, two hours after a majority of the Supreme Court, over sharp dissents, cleared the way. The court relied on a rarely used procedure to issue a decision before an appeals court could weigh in.
Our story on the decision:
@SCOTUSblog Any explanation this time around from them? I don’t know how they can sleep at night without even giving an explanation for making sure a man is killed. We should be owed that at the very least.
As with other death penalty appeals, the majority's ruling on the Higgs execution came in the form of a brief, unsigned order, with no explanation of the court's reasoning. Both Breyer and Sotomayor wrote dissents explaining why they think the execution should not proceed.
The legal issue before SCOTUS tonight was a technical one: whether the government is permitted to administer Higgs’ execution in accordance with the law of Indiana, even though Higgs was convicted in Maryland. A majority of the court said that is permissible.
#SCOTUS announces that for Inauguration-related security reasons, it will not accept paper filings between Jan. 15 & Jan. 20. It also notes that change "does not affect filing deadlines":
Brief security-related update from the Supreme Court. No paper filings through Inauguration Day.
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