4850

Decisions are coming out.

Gorsuch gives Oklahoma to the tribes.

4851

On a purely visceral level that’s freaking amazing, but what does it mean in practical terms?

4852

I don’t think anyone knows. This has been in litigation for decades.

4853

The scope of the case has to do with federal authority in regard to who prosecutes major crimes. It’s been determined to be a reservation where the feds have jurisdiction rather than the state/local authorities. I believe that’s the basic result.

4854

I think Vance just went 7-2. Scotus blog is hard to follow right now.

4855

Vance … yep. Roberts writing the opinion.
That has to be good news.

Edit:

Article II and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.

Alito, Thomas dissent (surprise, not)

4856

Thomas and Alito are the dissents.

4857

Are dissents those crusty shitstains found on the underside of many public toilet lids?

4858

McGirt decision:

Vance:

4859

OMG does this mean his records will be released? Hope rising.

4860

I am absolutely giddy right now.

4861

In a footnote, Roberts notes that the “daylight between our opinion” and the Thomas “dissent” is “not as great as that label might suggest.” “We agree that Presidents are neither absolutely immune from state criminal subpoenas nor insulated by a heightened need standard.” Here’s some key language: " We agree that Presidents may challenge specific subpoenas as impeding their Article II functions." "And although we affirm while Justice Thomas would vacate, we agree that this case will be remanded to the District Court."

Think that clues us on it on the next opinion.

I’m wrong. Mazars is 7-2, Roberts writing the opinon.

When Congress seeks information “needed for intelligent legislative action,” it “unquestionably” remains “the duty of all citizens to cooperate.” Watkins, 354 U. S., at 187 (em-phasis added). Congressional subpoenas for information from the President, however, implicate special concerns regarding the separation of powers. The courts below did not take adequate account of those concerns. The judgments of the Courts of Appeals for the D. C. Circuit and the Second Circuit are vacated, and the cases are remanded for further proceedings consistent with this opinion.

.

4862

Scotus is remanding Vance back down, right?

4863

Mazars:

4864

Mazars is remanded.
Vance has the go ahead to get the tax returns (unless I’m reading it wrong.)

4865

Both cases were remanded to the district court for further proceedings, as I expected.

4866

Pretty sharp, Sharpe!

4867

Probably long after a 2020 election day.

What it could mean – in the long haul – is that if there’s some shady money flow into Trump’s personal financial orbit, investigators may see some evidence of it. Maybe.

4868

It seems like the practical implications are that something like half of Oklahoma are actually under Tribal jurisdiction now.

4869

As I read more reaction from smart people, it looks like this was a very good decision for those of us who hate Trump. We’re not getting the best case scenario by any means, but still a day to be pretty happy about this. With the remanding, Trump’s legal team can fight this for a long time, but they’re no longer going to be able to cite blanket executive privilege in doing so. Thos of us who hate Trump didn’t get everything we wanted for Christmas, in other words, but when you ask for a pony, you probably shouldn’t expect to get one. :)