Opinion by Ruth Marcus: As the justices conclude their work in the next week or so, the silver lining of the term might be this: It could have been worse.
, the court, ruling 7-2, rejected a challenge to the Indian Child Welfare Act, sidestepping claims that the law unconstitutionally discriminates on the basis of race by giving Indian families preference in adoption cases.upholding the right to use a federal civil rights law known as Section 1983 to sue for violations of the rights of nursing-home residents.
an effort by Texas and Louisiana to prevent the Biden administration from setting priorities in deportation cases. This time, the ruling was 8-1, with only Justice Samuel A. Alito Jr. dissenting from the majority’s ruling that the two states lacked standing.“In sum, the States have brought an extraordinarily unusual lawsuit,” Justice Brett M. Kavanaugh wrote. “They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests.
Justice Neil M. Gorsuch, writing for himself and Justices Clarence Thomas and Amy Coney Barrett, also concluded that the states lacked standing, using a different rationale but sounding nearly as peeved by the states’ efforts to enlist the judiciary in their battle with the Biden administration. “The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote.
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