Although the traditional “First Monday” arguments won’t take place until tomorrow, after the Jewish holiday, the Supreme Court officially started its new term today – with one vacancy still remaining. A flurry of articles and editorials commented on how the short-handed Court will function, including pieces in The Washington Post, The New York Times, Reuters, McClatchy, and the Los Angeles Times. Several noted that without a full complement of justices, the Court may find itself unable to resolve key questions of law.
Meanwhile, the Supreme Court on its first day declined to weigh in on two closely-watched issues. One was the appeal of a ruling in Wisconsin’s “John Doe” case involving Gov. Scott Walker’s anti-recall campaign. According to the Wisconsin State Journal, the Court declined to hear the appeal of three Democratic district attorneys, who were requesting a reopening of the investigation into alleged illegal coordination between Walker’s campaign and outside interest groups including the conservative Club for Growth. The same interest groups were known to have supported the campaigns of conservative state Supreme Court justices, an issue that came under scrutiny when the court shut down the investigation into Walker’s campaign. According to the Journal, UC-Irvine law professor Rick Hasen observed,”A short-handed court split ideologically 4-4 may have been especially reluctant to delve into this politically sensitive case. Still the question of judicial recusal of judges who directly benefited from the Club for Growth’s campaign activities merited review.”
The Court also decided not to accede to the Obama administration’s request to reconsider the president’s plan to spare millions of immigrants from deportation, according to Reuters. The Court deadlocked 4-4 over the issue last summer.
The Huffington Post took note not only of the Supreme Court’s short-handedness but of the failure to confirm scores of judges to lower federal court seats in a piece quoting Nan Aron in her role as President of our sister organization, the Alliance for Justice. Referring to Republicans in the Senate, Nan said, “What they’re doing is holding open these seats for a future Republican president to put in individuals who side with the wealthy and the powerful. That’s what this is about.”
And in state court news, the Alabama Court of the Judiciary has suspended Alabama Chief Justice Roy Moore from the bench without pay for the rest of his term. According to NPR, Moore violated judicial ethics when he ordered state judges not to respect the U.S. Supreme Court’s ruling affirming marriage equality.