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The Big Five, as the season ends. Get out the popcorn!
Murthy v. Missouri: State Attorneys General claim the federal government pressured social media companies to censor conservative views and criticism of the Administration in violation of the First Amendment right to freedom of expression.
Prediction: One for the good guys.
Moody v. Netchoice; Netchoice v. Paxton: A significant, but complicated, First Amendment case concerning state restrictions on internet companies' "content moderation," including deplatforming.
Prediction: Could go either way depending on views of the First Amendment. Loss is a defeat for Florida law.
Loper Bright Enterprises v. Raimondo, etc.: Big-time case questioning so-called "Chevron" deference to administrative agency interpretations.
Prediction: Scalia said Chevron was the decision that he most regretted in his career, and it's going down here.
Trump v. United States: Immunity for a former President.
Prediction: Split the baby. Some, but not complete, immunity.
Fischer v. United States: Legality of federal felony obstruction charges for 1/6 defendants.
Prediction: The statute was not designed for this purpose, although the D.C. Circuit thinks so. Should be 6-3 against the gov, hopefully. Contentious.
Ricochet, add your predictions below!
Discussion (21)
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On the Three Whisky Happy Hour, John Yoo thinks that if Chevron was going to survive then the Bump Stock case would have gone differently.
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I may be wrong, but this year appears to be one of the most momentous in recent history. I am encouraged by some of the unusual groupings in the voting, such as in the Erlanger case, where Roberts wrote the opinion, and Kavanaugh, Alito, and Jackson dissented. Or Diaz, where Thomas wrote the opinion, in which Jackson concurred, and Gorsuch, Kagan, and Sotomayor dissented. I'm going to take this as a healthy sign for the Court, and particularly important since it is under fire from the usual suspects.
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I think Moody will go badly. I think the only solution is federal legislation to establish some due process for social media users/content providers. The downside of doing that is that it also creates opportunity for regulatory mischief.
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I think this is another case where the Democrats overplayed their hand. They would have split the baby, except the New York prosecutors demonstrated what happens if you leave any crack in immunity.
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I'm an outsider, not a lawyer, but I wonder, if SCOTUS said that the president, i.e., Biden doesn't have a constitutional right to forgive student loans and he does it anyway, do SCOTUS rulings/opinions matter anyway?
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