Justice Alito wrote Thuraissigiam; Chief Justice Roberts and/or Justice Breyer will wrap up Blue June

June Medical, Espinoza, and Seila Law remain from the pre-COVID cases

|The Volokh Conspiracy |

Today the Supreme Court decided Department of Homeland Security v. Thuraissigiam. My prediction was right: Justice Alito wrote the majority opinion. Three cases remain from the pre-COVID cases. I am standing by my predictions.

  • Espinoza: Chief Justice Roberts or Justice Breyer.
  • Seila Law: Justice Breyer
  • June Medical: Chief Justice Roberts

We will only hear from Chief Justice Roberts and Justice Breyer for the remainder of this month. I think Justice Thomas will be in dissent in each case. It will be a long Blue June.

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  1. I wouldn’t call Thuraissigiam part of “blue June”.

    1. He’s not either. Read his prior posts, he dismissed it as unimportant but deals with it because its one of the cases left from that month.

      1. 1. Bob, your point is correct.
        2. Blackman is, I guess, relatively new to creating these types of posts. If he had more experience; he would know (in cases like this, when he makes a long series of posts, over quite a bit of time) to include a series of hot links to those prior posts, to make it easy for interested readers to go back. Eugene V is particularly good at remembering to do this. (And, I think maybe also Prof. Bernstein, although I’m writing this strictly based on my faulty memory.)

  2. “It will be a long Blue June.”

    Stop trying to make fetch happen. Try and be a little less thirsty.

    (I mean, sure, I get that you have a vested interest in making the judiciary seem completely partisan in order to break down what little norms there are …. but it’s kind of desperate.)

    1. Next five VC posts:

      -What other people are saying about my famous Blue June prediction
      -New York Times may publish an op-ed on Blue June
      -Read my Blue June op-ed, censored by the New York Times
      -Special Blue June supplement to 100 Supreme Court Cases now available
      -What it’s like to have an op-ed rejected and censored by the New York Times

  3. Is the blackman kid using the word “blue” to mean sadness, or political party? Or, both?

    The blackman kid is one of the few participants on this blog that elevates political party scorekeeping relating to supreme court decisions. He posts are like reading sports playoff reporting on espn.com, or would be if there were any sports now.

    1. I had been assuming that he used it precisely because it had those two different meanings. But maybe I’m wrong . . . ????

  4. These are bleak times for some if not even a Supreme Court decision against a would-be immigrant with a funny-sounding name from a non-Christian country can cheer up a movement conservative.

    Blue June? Try Blue And Lonesome, for keeps.

  5. The Supreme Court has issued two decisions that don’t perfectly align with the Republican Party’s platform. Is it time to abandon the constitution in favor of nationalist theocracy?

    1. The liberals figured out instituting the National Church of Socialism was the way to go. Took about 40 years for conservatives to figure out that same thing.

  6. I get that, from a numerical perspective, Breyer probably wrote Seila Law.

    But I don’t know if I trust that, given … I mean you listened to the oral argument right? Putting aside how bad the litigators were defending the CFPB, Robert’s was fairly skeptical of the whole, Congress can just appoint a single director to an agency that controls a large chunk of the economy with no limit whatsoever with enforcement action.

    It is true that the effectiveness at oral argument matters very little, but idk.

    And it’s not the federal reserve because the CFPB has enforcement action, the federal reserve doesn’t.

    Breyer was skeptical about any sort of limitation, so idk if he could command any majority.

    Espinosa … Roberts wrote the majority in Hosanna Tabor. Yeah he will write here. But I doubt he will decide his own ruling doesn’t apply.

    1. And if Breyer does write Espinosa, well, I head a speech once where he admitted he probably got the charter schools case wrong, and this is similar … I would not be so sure he is voting no here.

  7. “Vijayakumar Thuraissigiam is a Sri Lankan national who was stopped just 25 yards after crossing the southern border with-out inspection or an entry document.”

    Sri Lanka (a.k.a. Ceylon) is an island off the African coast. Are we *really* supposed to believe that he walked from there?!?

    1. Sri Lanka (a.k.a. Ceylon) is an island off the African coast.

      It’s off the coast of India actually.

      You’re probably thinking of Madagascar (the island not the film).

      1. One time when the president of Ceylon was speaking at UMass Amherst he told Dr. Ed that he really hates how liberals always think Ceylon is off the coast of India. If liberals don’t start understanding that this why Ceylonians voted for Trump their will be violence in the streets……….

        1. What film has Madagascar and Constantinople as “key” words?

      2. Yes, Madagascar, my bad.

        But my point is that it is an island off a continent that isn’t connected to North America — and way too far to swim. These people aren’t walking here, they are getting help.

        1. I knew this guy from Lowell, and he told me something that is as true today as it was 50 years ago. “Ed,” to told me, “You know why those rascally brown people changed the name from Ceylon to Sri Lanka? Because they are trying to confuse good honest god-hearing Americans like you and me! That’s right. Trying to steal our season tickets to Fenway, where Mr. Yawkey will make sure we don’t have too many of those colored players.”

          Anyway, that if we let those African liars that change their names and swim here, then I swear there will be blood in ever god-fearing Red Enclave, from Boston to Woo-stah, from the real Portland to Burlington.

          GO PATS!

          1. Wasn’t Jim Rice Black?
            And while Cuban, Louie Tiant sure looked it.

    2. He was clearly out for a stroll one day and just wanted to check out what America had to offer. Then just as he was about to enter the land of the free, he was jumped by jack booted nazi CBP agents. After enduring some time in the American racist gulag system he was deported back without the advantage of being able to stay for the next 3-5 years while his asylum application worked its way through the system. This made him sad so obviously we should have just let him in.

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