Supreme Court Updates Court In Recess Until October

“I am authorized to announce that the Court has acted upon all cases submitted to the Court for decision this Term,” Roberts said.

His statement followed the court’s final two rulings of the term, which were announced Thursday morning. The court’s final day before its summer session also marked the retirement of Associate Justice Stephen Breyer, who has served on the court since 1994, and the swearing-in of Associate Justice Ketanji Brown Jackson, whose nomination to the court was confirmed by the Senate in April.

The Chief Justice said the court’s summer recess begins Thursday and will last until the first Monday in October. At that time, the session that began in October 2021 will officially end, and the new October 2022 term will start.

“On behalf of all the Justices, I would like to thank the Supreme Court employees for their outstanding work and dedication to their important responsibilities this Term,” Roberts’ statement said. “I thank the members of the Court’s bar as well for their professionalism and cooperation.”

Abortions rights activists marched on Capitol Hill with banners and signs in the wake of the Court’s decision in Dobbs v. Jackson Women’s Health that overturned the landmark abortions case Roe v. Wade.

While the protest remained peaceful, some U.S. Capitol Police officers had to remove demonstrators who were blocking the street near the Supreme Court.

The Capitol Police issued a traffic advisory was sent out this afternoon to warn commuters about the road blockage.

“We have already given our third and final warning. We are now making arrests for anyone who is illegally blocking the intersection,” Capitol Police tweeted.

Capitol Police said they arrested 181 people on charges of “crowding, obstructing or incommoding” for blocking the intersection of Constitution Avenue and First Street.

Democratic Representative Judy Chu of California was among those detained by police.

Second Judicial Circuit Court Judge John Cooper said the law “violates the privacy provision of the Florida Constitution.”

He issued a temporary statewide injunction that will go into effect once he signs a written order brough to the court by Florida abortion providers.

The law that was set to go into effect Friday allows for exceptions if the pregnancy is a serious risk to the mother or a fatal fetal abnormality is detected if two physicians confirm the diagnosis in writing. It does not allow for exemptions in cases where pregnancies were caused by rape, incest or human trafficking.

The current law in Florida allows for abortions up to 24 weeks.

Governor Ron DeSantis said the Florida Supreme Court previously misinterpreted Florida’s right to privacy as including a right to abortion.

“We reject this interpretation because the Florida Constitution does not include, and has never included, a right to kill an innocent unborn child,” his office said in a statement.

DeSantis said he will appeal the ruling and ask the Florida Supreme Court to reverse its existing precedent regarding Florida’s right to privacy.

“The struggle for life is not over,” he added.

The ruling, which was announced Thursday morning, allows President Joe Biden’s administration to end the controversial Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” policy. The policy had required some migrants seeking asylum in the U.S. to wait in Mexico for their asylum cases.

Abbott, a Republican, has supported the MPP and other efforts to limit illegal border crossings.

The Supreme Court’s Thursday decision “will only EMBOLDEN Biden’s open border policies,” Abbott said.

The governor’s statement then referenced a recent incident in San Antonio where more than 50 migrants were found dead inside a trailer.

Those migrants “were allowed to cross our border illegally because of President Biden’s policies,” Abbott said. “Reinstating and fully enforcing Remain-in-Mexico would deter thousands more migrants from making that deadly trek, and President Biden should take that simple step to secure the border because it is the only humane thing to do.”

The MPP first went into effect under former President Donald Trump in 2019. Upon taking office last year, Biden said he intended to end the policy. His administration moved to do so in June 2021 but then faced legal challenges from Texas and Missouri. The Supreme Court’s Thursday ruling allows the Biden administration to move forward with terminating the policy.

In the wake of the Supreme Court’s ruling, Abbott said his state “will continue to step up to secure our border in the federal government’s absence.”

“The Supreme Court’s ruling in West Virginia vs. EPA is another devastating decision that aims to take our country backwards,” he said in a statement Thursday.

“While this decision risks damaging our nation’s ability to keep our air clean and combat climate change, I will not relent in using my lawful authorities to protect public health and tackle the climate crisis.”

Biden said he directed the Justice Department to review the decision and find ways to “continue protecting Americans from harmful pollution, including pollution that causes climate change” under federal law.

He condemned the Court’s decision to side with “special interests that have waged a long-term campaign to strip away our right to breathe clean air.”

“We cannot and will not ignore the danger to public health and existential threat the climate crisis poses,” Biden said. “The science confirms what we all see with our own eyes – the wildfires, droughts, extreme heat, and intense storms are endangering our lives and livelihoods.”

The President said his administration will continue to use executive authority, including the power of the EPA, to keep air clean, protect public health and tackle climate change. This includes working with take and local governments and pushing Congress to take additional action.

“Together, we will tackle environmental injustice, create good-paying jobs and lower costs for families building the clean energy economy,” he added. “Our fight against climate change must carry forward, and it will.”

While speaking at a press conference at the NATO Summit in Spain, Biden called the recent Supreme Court decision to overturn the landmark abortion case Roe v. Wade “outrageous.”

He said the decision has a profound impact not only on a woman’s right to choose, but on privacy rights in general.

“The most important thing to be clear about is… we have to codify Roe v. Wade into law and the way to do that is to make sure Congress votes to do that,” he said.

If the filibuster gets in the way, as it did for voting rights legislation, Biden said an exception should be made.

Vice President Kamala Harris echoed this call, tweeting that the Senate needs to make an exception to the filibuster in order to codify Roe.

While Biden said American is “better positioned to lead the world than we ever have been,” in terms on the economy, he told one reporter there is one issue that has set the country back.

“The one thing that has been destabilizing is the outrageous behavior of the Supreme Court of the United States on overruling not only Roe v. Wade, but essentially challenging the right to privacy,” he said.

He said the United States has been a leader in the world in personal and privacy rights.

“It is a mistake, in my view, for the Supreme court to do what it did,” he added.

Nominated judges going through the confirmation process have often been asked about the abortion rulings, both of which were overturned last week with the court’s ruling in Dobbs v. Jackson Women’s Health Organization.

During Jackson’s confirmation hearing, Sen. Dianne Feinstein of California asked if Jackson shared Associate Justice Brett Kavanaugh’s opinion that the 1973 abortion ruling was “settled precedent” and if she would “commit to obey all the rules of stare decisis in cases related to the issue of abortion,” as Associate Justice Amy Coney Barrett did during her confirmation hearings in 2020.

“I do agree with both Justice Kavanaugh and Justice Barrett on this issue,” Jackson responded. “Roe and Casey are the settled law of the Supreme Court concerning the right to terminate a woman’s pregnancy.”

Jackson added that the earlier cases “established a framework that the court has reaffirmed and in order to revisit, as Justice Barrett said, the Supreme Court looks at various factors because stare decisis is a very important principle. It provides and establishes predictability, stability.”

Feinstein later asked Jackson if she considered the Roe v. Wade decision to be a “super-precedent.”

Jackson told Feinstein that “all Supreme Court cases are precedential” but noted Roe v. Wade and Planned Parenthood v. Casey “have been reaffirmed by the court and have been relied upon and reliance is one of the factors that the court considers when it seeks to revisit or when it’s asked to revisit a precedent.”

“And in all cases, those precedents of the Supreme Court would have to be reviewed pursuant to those factors because stare decisis is very important,” Jackson added.

“I am glad today for Ketanji. Her hard work, integrity, and intelligence have earned her a place on this Court,” Breyer said in a statement obtained by CNN.

Breyer said he was also “glad” for the other Justices on the court, who now “gain a colleague who is empathetic, thoughtful, and collegial.”

“I am glad for America,” Breyer’s statement continued. “Ketanji will interpret the law wisely and fairly, helping that law to work better for the American people, whom it serves.”

Breyer ended his statement by congratulating Jackson on her new role.

“Congratulations Justice Ketanji Brown Jackson,” he said.

Breyer said Wednesday his retirement plans, which he announced earlier this year, would go into effect on Thursday after the court released its final rulings before the summer recess.

Breyer then participated in Jackson’s swearing-in ceremony, which started shortly after noon on Thursday. He led Jackson in reciting the Judicial Oath during the brief ceremony in the Supreme Court Building’s West Conference Room.

“With a full heart, I accept the solemn responsibility of supporting and defending the Constitution of the United States and administering justice without fear or favor, so help me God,” she said. “I am truly grateful to be part of the promise of our great Nation.”

Jackson thanked her new colleagues on the Court for their “warm and gracious welcome.” She also especially thanked Chief Justice John Roberts and her mentor Justice Stephen Breyer, who she will replace on the Court.

“Justice Breyer has been a personal friend and mentor of mine for the past two decades, in addition to being part of today’s official act,” Jackson said.

“In the wake of his exemplary service, with the support of my family and friends, and ever mindful of the duty to promote the Rule of Law, I am well-positioned to serve the American people,” she added.

The ceremony, which lasted less than four minutes, started shortly after 12 p.m. in the Supreme Court Building’s West Conference Room.

Chief Justice John Roberts opened the ceremony by recognizing that Jackson’s husband, Dr. Patrick Jackson, and daughters Talia and Leila were both in attendance.

Roberts then administered the Constitutional Oath, after which retiring Associate Justice Stephen Breyer administered the Judicial Oath. Jackson’s husband stood by her side throughout the ceremony, smiling as he held the Bible that was used to swear her in.

Roberts led Jackson in the first oath: “I, Ketanji Brown Jackson, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Breyer led Jackson in the second oath: “I, Ketanji Brown Jackson, do solemnly swear that I will administer justice without respect to persons and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as an associate justice of the Supreme Court of the United States.”

She took two oaths; the Constitutional oath given by Chief Justice John Roberts and the Judicial oath given by retiring Justice Stephen Breyer.

Jackson is the 116th Supreme Court Justice and joins Justices Elena Kagan, Sonia Sotomayor and Amy Coney Barrett as the fourth woman currently serving on the Court.

The Court remains a conservative majority, with a 6-3 split among conservative and liberal Justices.

He sent a letter to President Joe Biden Wednesday stating that his retirement will be official Thursday, June 30 at noon.

Breyer announced his intention to retire in late January after nearly three decades on the Court. His seat will be filled by his former law clerk Ketanji Brown Jackson. After she was confirmed by the Senate in April, Jackson will be the first Black woman to sit on the Supreme Court.

At 83, Breyer is the oldest Justice currently serving on the court. He was nominated by former President Bill Clinton in May of 1994 and he began serving on the court later that year.

“It has been my great honor to participate as a judge in the effort to maintain our Constitution and the Rule of Law,” Breyer wrote.

The Supreme Court will be in recess until Monday, October 3, 2022.

Once she is sworn in, Jackson will be the first Black woman to serve on the court.

The Supreme Court announced plans for her swearing-in ceremony on Wednesday, shortly after Associate Justice Stephen Breyer said his impending retirement would take effect at noon on Thursday. President Joe Biden nominated Jackson to fill Breyer’s seat earlier this year, and the U.S. Senate confirmed her nomination in April.

Chief Justice John Roberts and Breyer will both participate in Jackson’s swearing-in ceremony. Roberts will “administer the Constitutional Oath” and Breyer will “administer the Judicial Oath,” according to a Wednesday press release. The ceremony will take place in the West Conference Room of the Supreme Court Building.

A “small gathering” of Jackson’s family members will be in attendance, the court said, adding that a “formal investiture ceremony will take place at a special sitting of the Court in the Courtroom at a later date.”

The Supreme Court will stream the ceremony live on its website, or watch live below:

The Court’s decision in West Virginia v. U.S. Environmental Protection Agency curbed the agencies authority to regulate greenhouse gas emissions from coal producers.

“With Thursday’s ruling, EPA can no longer sidestep Congress to exercise broad regulatory power that would radically transform the nation’s energy grid and force states to fundamentally shift their energy portfolios away from coal-fired generation,” the West Virginia Attorney General’s office said in a statement. “EPA must instead regulate within the express boundaries of the statute that Congress passed.”

Attorney General Patrick Morrisey said he is “pleased” that this case returned the power to decide on environmental issues to the “right place:” the U.S. Congress.

He also added that the case was about maintaining the separation of powers, not climate change.

“Today, the Court made the correct decision to rein in the EPA, an unelected bureaucracy,” he said in a statement.

Morrisey promised to continue fighting for the rights of West Virginians “when those in Washington try to go too far in asserting broad powers without the people’s support.”

Missouri Attorney General Eric Schmitt also called this ruling a “big victory” over the EPA’s “job-killing regulations.”

Schmitt said his state joined West Virginia to fight the EPA’s “overreach” and challenged the agency’s “overly-broad interpretation allowing them to regulate almost any part of the economy.”

If the Court ruled in the EPA’s favor, Schmitt said there would be several consequences for Missouri residents, including “higher utility bills, job loss and overall increased energy prices.”

An earlier Court of Appeals ruling had said ending the policy, also known as “Remain in Mexico,” was a violation of the Immigration and Nationality Act and did not qualify as “final agency action.” The Supreme Court’s Thursday ruling reversed that earlier Court of Appeals decision.

The policy started in early 2019 under former President Donald Trump. It required some migrants seeking asylum in the U.S. to stay in Mexico while waiting for their cases to be heard.

Biden said he intended to end the policy once he took office, and his administration moved to do so in June of 2021. At that time, Texas and Missouri sued the Biden administration to halt the policy’s termination. Though the Biden administration moved again last fall to end the policy, it remained an undecided issue that quickly rose to the Supreme Court.

In the court’s majority opinion, Chief Justice John Roberts wrote that the Biden administration’s decision to end the MPP “did not violate” the Immigration and Nationality Act and added the administration’s move to end the policy again last fall “did constitute final agency action.”

Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan and Brett Kavanaugh joined Roberts in his majority opinion. Kavanaugh also wrote a concurring opinion.

Associate Justice Samuel Alito wrote a dissenting opinion and was joined by Justices Clarence Thomas and Neil Gorsuch. Associate Justice Amy Coney Barrett also wrote a dissenting opinion that Thomas, Alito and Gorsuch joined in part.

In 2015, the Trump administration repealed the Clean Power Plan, which established guidelines for states to limit carbon dioxide emissions from power plants. It also issued the Affordable Clean Energy (ACE) Rule, which eliminated or deferred the guidelines.

In this case, West Virginia, representing conservative, coal-producing states, challenged the Environmental Protection Agency’s authority to broadly regulate greenhouse gas emissions.

Chief Justice John Roberts wrote in the majority opinion in the case.

This opinion states the EPA lacked the authority under the Clean Air Act to promote its 2015 carbon dioxide emissions plan.

Roberts said “there is little reason to think Congress assigned such decisions to the Agency.”

He wrote that the EPA’s view of its authority “was not only unprecedented; it also effected a ‘fundamental revision of the statute, changing it from [one sort of] scheme of…regulation’ into an entirely different kind.”

The decision was split along ideological lines, with all three liberal Justices dissenting.

In the dissent, Justice Elena Kagan said today’s decision strips the Environmental Protection Agency (EPA) of the power Congress gave it to respond to “the most pressing environmental challenge of our time.”

She said the Court “does not have a clue about how to address climate change.”

“The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy,” she wrote. “I cannot think of many things more frightening.”

She added that “the stakes are high,” noting “climate change’s causes and dangers are no longer subject to serious doubt.”

It is the final ruling before the court breaks for the summer recess.

Chief Justice John Roberts wrote the majority opinion and was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan and Brett Kavanaugh. Kavanaugh also wrote a concurring opinion.

Justices Samuel Alito and Amy Coney Barrett each wrote dissenting opinions. Justices Clarence Thomas and Neil Gorsuch also dissented.

In a 6-3 ruling, the Court adopted a narrow reading of the Clean Air Act. The opinion stated that Congress did not give the EPA the power to devise emissions caps based on the generation shifting approach the Agency took in the Obama-era Clean Power Plan.

Chief Justice John Roberts wrote the opinion. Justice Elena Kagan dissents, joined by Justices Stephen Breyer and Sonia Sotomayor.

The Court is expected to issue its final two opinions of the term.

Rulings in West Virginia v. Environmental Protection Agency and Biden v. Texas will cover environmental regulation and immigration policy, respectfully.

West Virginia, a major coal-producing state, is a challenge to the EPA’s authority to regulate greenhouse gases in West Virginia v. Environmental Protection Agency.

In Biden v. Texas, the Court will also decide whether the Department of Homeland Security must continue to enforce the Trump-era Migrant Protection Protocols (MPP). This policy, also known as the Remain in Mexico policy, requires certain asylum-seekers hoping to enter the United States to await their immigration proceedings in Mexico.

Judge Ketanji Brown Jackson will also be sworn in as the first Black woman on the Supreme Court. She will replace Justice Stephen Breyer, who announced he would retire earlier this year.