In the aftermath of Election Day, Republicans and Democrats alike are grappling with what the blue wave means for the Supreme Court. Keep reading to learn how the Senate shake-up, in particular, could affect when a justice next leaves the court and how the confirmation process might unfold.
Plus, one year ago today, the justices heard argument in Learning Resources, Inc. v. Trump, a challenge to President Donald Trump’s tariff regime. Just over three months later, the Supreme Court struck down the tariffs, holding that the International Emergency Economic Powers Act does not give the president the authority to impose tariffs.
At the Court
On Wednesday, the justices heard argument in Guerrero v. Johnson, on the limited circumstances in which a state prisoner can return to federal court for a second round of post-conviction review.
Tomorrow, the justices will meet in a private conference to discuss cases and vote on petitions for review. Orders from Friday’s conference are expected on Monday at 9:30 a.m. EST.
On Oct. 21, the Trump administration asked the justices to allow it to resume construction of its border wall in the Big Bend region of southwestern Texas. The request is now fully briefed, and the court’s decision could come at any time.
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[ H/T SCOTUSblog ]