Justice John Marshall Harlan II resigned from the Supreme Court on this day in 1971 while dealing with “failing health.” He died of cancer three months later.
Read more Trump administration brings important immigration question back to the Supreme Court
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At the Court
Late on Tuesday, the dispute over congressional redistricting in Missouri returned to the Supreme Court’s interim docket, when opponents of the state’s new map, which favors Republicans, again asked the justices to prevent it from being used in November’s elections. A response to the request is due today by 2 p.m. EDT.
On Sept. 11, the Supreme Court dismissed an immigration case on whether noncitizens have a due process right to bond hearings amid an extended detention that was scheduled for argument in October. On Monday, the Trump administration brought the issue back to the court in a new petition for review. For more on the filing, see the On Site section below.
Also on Monday, the Trump administration filed a petition for review on a district court’s authority over claims by a noncitizen, Georgetown University scholar Badar Khan Suri, challenging the validity of his detention while he awaits removal proceedings, when the claims also go to the validity of the grounds for his removal – an issue that district courts do not have the authority to review. Learn more about this dispute in the Morning Reads section.
Read more The Supreme Court refuses to become partisan in two fights over the midterms
On Tuesday, Justice Elena Kagan denied a request to intervene in a multistate custody dispute between a California couple and their surrogate. For more on the case, see the Morning Reads section.
The Trump administration has asked the Supreme Court to clear the way for it to use the Department of Homeland Security’s Systematic Alien Verification for Entitlements database to identify noncitizens on state voter rolls. The dispute is now fully briefed, and the court’s decision could come at any time.
On Monday, the justices will gather at the “long conference” to consider the petitions for review that built up during their summer recess.
Read more The court’s coming climate-change case and the very confused doctrine of preemption