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June is coming to an end, which means all the most controversial SCOTUS opinions are coming out in the traditional big lump. These opinions are sharply divided, often along ideological lines, with lively dissents and concurrences--pretty enjoyable for a law nerd like me. Relevant to this thread, these cases tend to focus on big culture-war topics like abortion and gender stuff. This week saw the following:
Medina v. Planned Parenthood South Atlantic - Abortion. Congress requires States who receive Medicaid funds to, among other things, permit patients to obtain medical assistance from "any qualified provider." South Carolina receives federal Medicaid funding, but excludes Planned Parenthood from its Medicaid program because state law prohibits using public funds for abortion. Planned Parenthood files a section 1983 claim (this is important, IMO) arguing that it is a "qualified provider" and that Congress's Medicaid statute created a federal right for any qualified provider to receive Medicaid funds. The court, with a 6-3 conservative-liberal split, says "no." Gorsuch writes the majority opinion: the "any-qualified-provider" provision of the federal Medicaid statute does not create a right for medical providers to receive Medicaid funding. All it does is specify a condition with which participating States must "substantially comply" in order to receive federal funding. If South Carolina doesn't want to comply, the feds can kick South Carolina out of the Medicaid program, but that's not the same as creating a "right" to Medicaid funds. Section 1983 is only for vindication of a person's federal rights; there is no right for a provider to receive Medicaid funding from a State, so Planned Parenthood doesn't have a valid 1983 claim. Jackson writes the dissent; I didn't really read it carefully, because the majority seems clearly to have the better argument here. Everyone agrees that South Carolina could, if it wanted to, simply reject federal funding altogether. Then nobody in South Carolina would get Medicaid funding, and South Carolina wouldn't have to abide by any of the provisions of the Medicaid statute. It's hard to say that people have an enforceable federal "right" to receive Medicaid funding from a state, when everyone acknowledges that the state has no obligation to participate in the Medicaid system at all.
Free Speech Coalition, Inc. v. Paxton - Pornography 6-3 conservative opinion, Thomas. First Amendment does not prohibit Texas from requiring age-verification for pornographic websites. Kagan writes the dissent.
Mahmoud v. Taylor - LGBTQ+ Books and Lessons in Schools 6-3 conservative opinion, Alito. Religious students and parents have a constitutional right, under the free exercise clause, to opt-out of pro-LGBTQ+ curricula in public schools. Thomas writes a concurrence. Sotomayor wrote the dissent.
In my opinion, the biggest case today was:
Trump v. CASA, Inc. - Immigration BUT ACTUALLY Federal Court Procedure (sounds boring but is, IMO, super important) 6-3 conservative opinion, Barrett. 3 concurrences! 2 dissents! This is the "birthright citizenship" case: does the Court agree with the Trump administration that some people born on U.S. soil are nevertheless not American citizens? IDK! Because the Court doesn't answer that question. Instead, it addresses whether the lower federal court had the authority to issue a nationwide injunction against the Trump administration's immigration enforcement proceedings. The Court held it did not have that authority. Federal courts can only determine cases and issue binding decisions as to the parties before them, not the country as a whole. The lower court's national injunction is stayed as to any people not among the parties to the suit.
Some are saying the Court "punted" on the birthright citizenship thing, but I think the Court actually addressed a far more important culture-war issue. "Nationwide" or "universal" injunctions have been part of the playbook for activists' (especially progressive activists) lawfare for a long time. The idea is to find some sympathetic plaintiff who would be affected by a statute or executive action you don't like, shop around the whole country until you find a judge who agrees with you, and then get that judge--before the case has even been tried--to indefinitely prevent the government from applying the challenged law/regulation/action to anyone, anywhere in the country. This opinion represents a potentially huge obstacle to progressive activist's attempts to stymie Trump's immigration agenda.
Less interesting cases, IMO:
Gutierrez v. Saenz - Criminal Procedure. A lurid murder case gives rise to a pretty boring dispute about death-row inmates' standing to request post-conviction testing of DNA evidence. I can't really figure out the nuances of the Texas law at issue or the procedural history, but it looks like the Sotomayor-led majority thinks Gutierrez has standing; he has a Fourteenth Amendment liberty interest in the ability to request post-conviction DNA testing, even though the prosecutor apparently has both the right and the express intention to refuse that request in this case. Barrett concurs but chides the majority for "muddying the waters of standing doctrine." Alito, joined by Thomas and Gorsuch, dissents. Thomas, typically, offers a solo dissent on the quixotic ground that the Fourteenth Amendment has been misinterpreted by the Supreme Court since the early twentieth century; in his view, the "liberty" interests protected by the 14A do not include state-created entitlements like Texas' post-conviction DNA testing procedure. My read: SCOTUS lets a death-row inmate file a doomed, pointless post-conviction motion that doesn't have any hope of success but will probably delay his execution for a few more years (Gutierrez was convicted in 1998).
Riley v. Bondi - Immigration/Deportation. Deportation is a hot-button topic right now, but this opinion about filing deadlines and the distinction between claims-processing rules and jurisdictional requirements is too dry for me to get worked up about. Perhaps notable for the fact that Gorsuch broke from the conservative majority to join, in part, Sotomayor's dissent. Pretty boring overall!
There were others, but they don't have as much culture war salience as the above, IMO. I meant to do a longer write-up, a little paragraph for each case, but I'm too tired ... sorry
Alternative read: An enormous amount of capital appeals has been about everything except whether the defendant actually murdered someone. This Court in particular has had little patience for endless appeals regarding mental capacity, culpability, IQ, age, execution methods, history of abuse/neglect and all the other sentencing-phase stuff.
But now they are signaling that they are amenable to something like DNA that can (theoretically) be relevant to the actual verdict. The message seems to clearly tell the appellate folks what not to focus on.
Without knowing specifics of a case, what the hell would DNA prove in a murder case? Did some guy shoot his own hand splattering the wall then shoot the victim?
This is why these sorts of appeals and objections are such BS. People just seize upon any possible avenue to delay an execution. Usually in such cases its not like there was a semen sample in the deceased vagina and he was convicted without testing done. Its obviously going to be some other thing.
I think testing finding DNA evidence under the victim's fingernails that matches a guy convicted of rape would probably be fairly weighty evidence. Of course, to be weighed against everything else. Of course, that's a just-so manufactured scenario.
In this case, the perp confessed he was there to rob the victim and his co-conspirators went inside and murdered her instead. This appeals doesn't challenge his overall guilt for what happens, only whether he actually killed the victim or not. And that's relevant because the TX legislature (not a federal judge) specifically made that a precondition for the death penalty.
In other words, there is an actual factual question about what exactly this guy did.
Problem in this case is that it's possible that any DNA under the victim's fingernails match one of the Gutierrez's compatriots, and Gutierrez still entered the trailer and participated in the murder -- just without being scratched. Indeed, because one of his compatriots lived with the victim and had 'found' the victim's body, some of the samples should be reasonably expected to be not-Gutierrez's even if he was totally guilty as can be.
There's been fact-based determinations before focusing on guilt (even, rarely, ones that raised serious nontrivial questions of guilt: McCollum is pretty embarrassing to Scalia). I'm hard-pressed to see how that'd happen here.
Indeed. I don't disagree.
But at the very least the core of his appellate claim is on a relevant (to the TX legislature) factual matter about what happened. It might be weak, but at least he's arguing the right actual thing.
That alone puts it far ahead of the majority of far-less-defensible capital appeals that are about everything else.
You can't use DNA evidence from a place to prove you weren't there, which is what he's trying to do.
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