Nightly Nuance - June 21, 2021

Welcome to another Supreme Court week — actually, we might be in for two weeks with the justices because we’re in a busy time for them. If you’re new to the nightly nuance, we’re so glad that you’re here and hope that you find our treks through the work of the Supreme Court interesting and helpful.

We’re going to start today with opinions issued last week in Fulton et al v. City of Philadelphia. I know many of you are confused by the reporting you’ve seen about this case, and rightfully so. This is a complicated case and it is a vivid illustration of why relying on social media and even quick reporting on the Supreme Court misses a lot of important context.

We have unanimity by a thread — and a 3-3-3 split on reasoning — and even that might be oversimplifying where the justices stand.

CJ Roberts has authored the majority opinion, and he’s joined by Breyer, Sotomayor, Kagan, Kavanaugh, and Barrett

Then we have a concurring opinion from Barrett joined by Kavanaugh and WAIT FOR IT… Breyer

And we have another concurring opinion from Alito joined by Thomas and Gorsuch.

Gorsuch also has some things to say, and Thomas and Alito joined his concurring opinion.

Normally during SCOTUS week, I walk us through each opinion individually. Because we have to cover so much ground this week, and because the Court has made everything complicated, I’m going to organize us around the major topics in each case.  As always, hit me with your questions and feedback. Thanks for being here. -beth

https://www.supremecourt.gov/opinions/20pdf/19-123_g3bi.pdf

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