SCOTUS Update

UGH. So the Supreme Court put out decisions a while back and I am too exhausted to read them. Reading SCOTUS opinions takes a lot of brain power and I have been trying for weeks to read the ones I care about. And I just can’t. It isn’t something I can stop and start and between a 13-month old, working from home, and the ambient stress of the world right now… I read a few paragraphs and realize I’m zoned out.

So I gave in and just read some summaries.

I tried to understand Barton v. Barr, but even the “plain text” articles I found made my brain hurt. I mean honestly, when I originally read up on the case I had to Google a LOT of the language and terms and even then I couldn’t say with entire confidence I understood the issues.

Allen v. Cooper was better. I think it helps with the court is 9-0 on a decision honestly. The Copyright Alliance summed it up for me perfectly “Frederick Allen was entitled to sue the State of North Carolina for allegedly infringing his copyrights.” (https://copyrightalliance.org/copyright-law/copyright-cases/allen-v-cooper/). So a state isn’t immune to being sued for violating copyright. Good. I think.

County of Maui, Hawaii v. Hawaii Wildlife Fund was also interesting because it was 6-3 decision. I think it’s important to point out SIX justices (the 4 “liberal” justices were joined by 2 “conservative” justices on this vote. I actually am mildly disgusted at the 3 who voted against it because how could they. I read SCOTUSblog for their opinion analysis (https://www.scotusblog.com/2020/04/opinion-analysis-opinion-analysis-the-justices-purpose-full-reading-of-the-clean-water-act/)

I don’t know how I feel that Breyer, in the majority opinion, apparently upheld the purpose of legislation as well as language. I worry this is a slippery slope (just consider the eye-spraining rhetoric around “purpose” in discussions regarding the first, second, and ninth amendments). But he did add a test on “time and distance” for the cases which are not obvious. Though I really hope this summary isn’t too idealistic, “What emerges from all this is a vision of Congress, the executive branch, the courts and the states working together to protect the waters of the United States while keeping the program within manageable bounds.”

Writer, nerd, and perpetual student. I am obsessed with books - both the reading and the making of them. If I won the lottery I would try to have the best private(ish) library in the world. It wouldn't be totally private because the whole purpose of having books is helping other people find a book they will love. I have 2 cats, Genkii (energy) and Kawaii (cutie). I will mention them regularly because they are a daily delight in my life. Granted, sometimes when I'm playing video games they are not so much "delight" as they are "distraction"... but I love them regardless.