{"id":239,"date":"2026-06-23T13:09:18","date_gmt":"2026-06-23T13:09:18","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=239"},"modified":"2026-06-23T13:09:18","modified_gmt":"2026-06-23T13:09:18","slug":"key-takeaways-from-a-jam-packed-order-list","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=239","title":{"rendered":"Key takeaways from a jam-packed order list"},"content":{"rendered":"

Today is Justice Clarence Thomas\u2019 birthday. Born in 1948, Thomas has served on the court since 1991. He is the second-longest-serving justice of all time.<\/p>

Read more Announcement of opinions for Tuesday, June 23<\/a><\/p>

Plus, today is expected to be an opinion announcement day at the Supreme Court. We will be live blogging beginning at 9:30 a.m. EDT.<\/p>

At the Court<\/h2>

On Monday, the court added a case to its 2026-27 oral argument docket, reimposed the conviction of the man found to have killed Etan Patz, and denied several noteworthy cases. For more on Monday\u2019s , see the On Site section below.<\/p><\/div><\/div>

The court has also identified Thursday as an opinion day. We will be live blogging that morning beginning at 9:30 a.m. EDT.<\/p><\/div><\/div>

After opinion announcements on Thursday, the justices will meet in a private conference to discuss cases and vote on petitions for review.<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

Judges Jockey for Potential Trump Supreme Court Appointment<\/h3>

Jacqueline Thomsen, Bloomberg Law<\/p>

Although it is unknown when or if President Donald Trump will have the opportunity to appoint another justice to the Supreme Court, some judges appear to be positioning themselves as attractive candidates while their friends \u201cquietly push[] those in Trump\u2019s orbit for their preferred judges to be considered if a seat were to open up,\u201d according to Bloomberg Law. \u201cThe only people who would be considered, I think, would be a Trump-appointed judge, and the Trump-appointed judges are going to have their contacts in the administration,\u201d said John Malcolm, a conservative lawyer with Advancing American Freedom. Citing people \u201cfamiliar with\u201d the conversations, Bloomberg Law reported that U.S. Solicitor General John Sauer and Judge Andrew Oldham of the U.S. Court of Appeals for the 5th Circuit are among those that \u201chave been discussed as potential candidates for the Supreme Court.\u201d<\/p><\/div><\/div>

She got eight years for plotting to kill Justice Kavanaugh. Prosecutors want more.<\/h3>

Dan Morse, The Washington Post<\/svg><\/span><\/p>

In October 2025, Sophie Roske was sentenced to eight years in prison for plotting to assassinate Justice Brett Kavanaugh. Roske, who \u201cwas named Nicholas Roske at birth and raised as a boy\u201d but now identifies as a woman named Sophie, had brought a gun to Kavanaugh\u2019s house but then \u201cabandoned her attack plan,\u201d walked away, and called the police, according to The Washington Post. After Roske pleaded guilty, Justice Department officials sought a sentence of at least 30 years, and they\u2019re now challenging U.S. District Judge Deborah Boardman\u2019s eight-year sentence, which stemmed, in part, from the judge\u2019s belief that a terrorism enhancement to the sentence was never \u201cintended to apply equally across all terrorism cases.\u201d Boardman emphasized that \u201cRoske acted alone, was not part of any terrorist organization, did not have a manifesto, and ultimately decided against committing violence and self-reported.\u201d \u201cTo Boardman, Roske\u2019s actions didn\u2019t track many other terrorism defendants, and Roske should benefit from her lack of past criminal history.\u201d<\/p><\/div><\/div>

An explosive appeal from Trump over E. Jean Carroll sexual abuse verdict stalls at the Supreme Court<\/h3>

John Fritze and Kara Scannell, CNN<\/p>

Late last year, President Donald Trump asked the Supreme Court to consider his effort \u201cto overturn a federal jury\u2019s finding that he sexually abused and defamed magazine columnist E. Jean Carroll.\u201d The justices were set to consider his petition for review for the first time at one of their private conferences in February, but they rescheduled it. And over the past four months, they\u2019ve rescheduled it 14 more times. \u201cOnly one other has been rescheduled as often in the current term, according to a CNN analysis\u201d \u2013 that case \u201cinvolves a housing police officer in Ohio who shot and killed a suspect who was fleeing with a gun in his hand.\u201d CNN noted that the Supreme Court \u201calmost never explains its handling of pending appeals and has not done so in the Carroll case. The delay could be because one or more justices is writing an opinion about the case. Or the court could be waiting for other appeals involving the Trump and Carroll dispute that are expected soon.\u201d<\/p><\/div><\/div>

Alabama nitrogen gas ruling could reverberate beyond state<\/h3>

Ralph Chapoco, Alabama Reflector<\/p>

This month, a federal district court in Alabama barred the state \u201cfrom carrying out nitrogen gas executions\u201d after death-row inmate Jeffery Lee raised Eighth Amendment concerns, and a federal appeals court and the Supreme Court declined to put that order on hold. \u201cThe decisions at three levels of the federal judiciary make future adoptions of nitrogen gas uncertain and raise questions about the potential expansion of firing squads, which only four other states employ,\u201d according to the Alabama Reflector. Currently, five states allow for nitrogen gas execution, but only two states \u2013 Alabama and Louisiana \u2013 have \u201cconducted an execution with it.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Court News<\/span>

Supreme Court agrees to hear case on the ability to sue federal officials <\/h3>

By Amy Howe<\/p>

The court on Monday added one new case to its docket for the 2026-27 term, involving the ability to sue federal officials for violating constitutional rights even when there is no law specifically authorizing such a claim. The announcement came as part of a list of orders released from the justices\u2019 June 18 conference. The justices will meet for another conference \u2013 the final regularly scheduled conference before their summer recess \u2013 on Thursday.<\/p><\/div>

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Court News<\/span>

Court reimposes conviction of man found to have killed Etan Patz<\/h3>

By Amy Howe<\/p>

Also on Monday, the court threw out a lower-court ruling that called for a new trial for the man convicted of the 1979 kidnapping and murder of Etan Patz, one of the first missing children to be featured on milk cartons. In a 10-page, unsigned opinion, the court emphasized that federal courts can only grant post-conviction relief if the state court\u2019s decision was \u201ccontrary to, or involved an unreasonable application of, clearly established Federal law.\u201d<\/p><\/div>

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Court News<\/span>

Justices issue orders on murder-for-hire case involving social media influencer, the role of race in seizing persons, and the execution of a Texas man claiming to be intellectually disabled<\/h3>

By Amy Howe<\/p>

Over a dissent by Justice Samuel Alito, the court sent the case of a Texas woman convicted of hiring someone to commit murder back to the lower court for another look. And its denial of review in two other criminal cases drew written dissents \u2013 one from Alito, joined by Justice Clarence Thomas, in a case involving the role of race in whether someone has been \u201cseized\u201d for purposes of the Fourth Amendment, and another by the court\u2019s three Democratic appointees in the case of a Texas man who \u2013 with the state\u2019s support \u2013 was seeking a new proceeding to determine whether he is intellectually disabled and cannot be executed.<\/p><\/div>

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Court News<\/span>

Supreme Court declines to hear several important cases, including on voting rights and the environment<\/h3>

By Amy Howe<\/p>

In Monday\u2019s order list, the court also announced that it had denied several notable petitions for review, including cases involving voting rights, the environment, and a trademark dispute involving a company founded by NBA superstar LeBron James. It also asked for the federal government\u2019s views in challenges to a state bar association\u2019s allocation of leadership positions and an Oregon reporting requirement for prescription drug makers.<\/p><\/div>

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Court News<\/span>

Texas asks court to leave in place age-verification and parental-consent law on apps<\/h3>

By Amy Howe<\/p>

On Monday afternoon, Texas urged the Supreme Court to leave in place an order by the U.S. Court of Appeals for the 5th Circuit that allows the state to enforce a law that imposes age-verification and parental-consent requirements on minors\u2019 access to apps and paid content within those apps. The state\u2019s solicitor general, William Peterson, emphasized that \u201cthe modern digital world is different\u201d from the physical world, and that the law is required because, in the digital world, children can access \u201cany conceivable content without parental consent or even parental knowledge.\u201d<\/p><\/div>

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Opinion Analysis<\/span>

Court determines federal defendants\u2019 appellate waivers unenforceable if a miscarriage of justice would result <\/h3>

By Richard Cooke<\/p>

On Thursday in Hunter v. United States, the Supreme Court held that a federal defendant\u2019s waiver of appellate review is unenforceable if it would result in a miscarriage of justice. Although the court did not decide whether enforcing defendant Munson Hunter\u2019s appellate waiver in his case would constitute a miscarriage of justice, the majority described the circumstances where this standard would be met as \u201crare\u201d and involving \u201cextreme cases.\u201d<\/p>

Read more Texas asks court to leave in place age-verification and parental-consent law on apps<\/a><\/p><\/div>

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Contributor Corner<\/span>

Hemani: proving the reason, not just naming it<\/h3>

By Stephanie Barclay<\/p>

In her Ratio Decidendi column, Stephanie Barclay reflected on the court\u2019s ruling in United States v. Hemani, a case that she believes showed \u201cwhat can unite an otherwise fractured bench.\u201d All of the justices agreed that the \u201cgovernment cannot disarm a person simply by naming a permissible reason. … What it must do is prove that the permissible reason it names is the reason it acts on, and to tie that reason to the person it seeks to disarm.\u201d<\/p><\/div>

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SCOTUS Outside Opinions<\/span>

A victory for the defendant in United States v. Hemani, but little guidance for the lower courts<\/h3>

By Joel Johnson<\/p>

In a column for SCOTUSblog, Joel Johnson emphasized the confusion that likely will follow in the wake of United States v. Hemani. \u201cThe court deemed that prosecution inconsistent with the Second Amendment.\u201d \u201cBut,\u201d according to Johnson, \u201cthe most revealing thing about the court\u2019s opinion may be what it never admits \u2013 that the real issue with [Ali] Hemani\u2019s prosecution was a statute so vague that no one can say whom it covers.\u201d<\/p><\/div>

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A Closer Look<\/div>

Separate Writings<\/h3><\/div>

Since we are in the heart of opinion season, we thought it would be helpful to revisit past Closer Looks related to the court\u2019s decision-making process. A version of this piece was originally published on March 16.<\/em><\/p>

During\u00a0her remarks\u00a0at the Library of Congress on Thursday, March 12, Justice Amy Coney Barrett shed light on a question that sometimes comes up on Supreme Court opinion days, including on Feb. 20, when the court released its\u00a0tariffs ruling: How does a justice decide when to write a separate opinion?<\/p>

The tariffs case raised this question because it included not only the majority opinion by Chief Justice John Roberts and the principal dissent by Justice Brett Kavanaugh, but also five other separate writings. Barrett and Justice Neil Gorsuch, who joined the majority opinion in full, each wrote a concurring opinion. Justice Elena Kagan wrote an opinion concurring in part and concurring in the judgment, which was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Jackson wrote her own solo opinion concurring in part and concurring in the judgment. And although Justice Clarence Thomas (along with Justice Samuel Alito) joined Kavanaugh\u2019s dissent, he also wrote his own solo dissent.<\/p>

The concurrences and dissents in the tariffs case called to mind an earlier era in Supreme Court history when separate writings were not just common but expected. For roughly the first decade of its existence, the court would resolve cases with seriatim opinions \u2013 that is, a collection of separate opinions from the justices, rather than a single opinion of the court. Once these opinions were published, \u201cthe lawyers would have to count the justices to try to figure out what propositions of law did the majority support and which propositions were dictum\u201d (not essential to the decision and therefore not establishing a precedent),\u00a0according to Justia.<\/p>

Chief Justice\u00a0John\u00a0Marshall, who served from 1801 to 1835, convinced his colleagues to end this practice and instead come together behind a single opinion of the court. During her Thursday remarks, Barrett reflected on the significance of this change, noting that Marshall also persuaded his colleagues to forgo all separate writing in most cases. \u201cConcurrences and dissents were actually quite rare, which I think is part of what enabled him to establish the court\u2019s strength,\u201d Barrett said.<\/p>

Today, separate writings are relatively common, although the court is nowhere near a return to the seriatim approach. During the\u00a0, there were 50 concurring opinions and 48 dissenting opinions written, in addition to the 67\u00a0opinions of the court.<\/p>

At the Library of Congress event, Barrett was asked by Judge Robert M. Dow., Jr., who is counselor to the chief justice and who interviewed Barrett on stage, about how she decides when to write separately. Barrett explained that sometimes it\u2019s not her choice, because the most senior justice in the group of dissenters can assign dissents to her. When it\u2019s up to her, Barrett said, she will only write separately for a few key reasons.<\/p>

\u201cI try not to write [separate opinions] too frequently. I kind of like the way John Marshall said seriatim opinions are out. I generally try to just let the majority opinion speak for the court,\u201d she said. \u201cBut sometimes I will write a concurrence or my own dissent if I have something that I feel like I should explain, something about my position that I feel like warrants explanation so that it doesn\u2019t look inconsistent. If I don\u2019t join the full opinion,\u201d Barrett continued, \u201cI usually write to say why. And if I feel like I have something to say that would add to the development of the law, something that I hope that lawyers and other courts will think about or that law professors might help us by writing about or doing some research in, that\u2019s the situation in which I will write a concurrence.\u201d<\/p>

\u201cI try to resist the temptation to write one because I feel like I could have said what the majority said better,\u201d Barrett added.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

MS. MIZNER: \u201cMany people have more than \u2013 have multiple cell phones. \u2026\u201d<\/p>

CHIEF JUSTICE ROBERTS: \u201cReally? What is \u2013 what is your authority for the statement that many people have multiple cell phones on their person?\u201d<\/p>

MS. MIZNER: \u201cJust observation. But \u2013\u201c<\/p>

JUSTICE SCALIA: \u201cYou’ve observed different people from the people that I’ve observed.\u201d<\/p>

Read more Supreme Court declines to hear several important cases, including on voting rights and the environment<\/a><\/p>

(Laughter.)<\/p>

MS. MIZNER: \u201cThat’s probably true.\u201d<\/p>

\u2014 (2014)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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