🌊 SCOTUS, Explained

Exclusive: SCOTUS decision time, and the first company to hit $3T valuation

Wedged between a weekend and the Fourth, this Monday feels weird, doesn’t it? Can’t tell if it’s a work day, holiday, both, or neither. To stay in theme with this in-betweener of a day, we’re doing a special-edition, deep-dive newsletter on the SCOTUS decisions. Although the case we’re most focused on right now is Maxes v. Mosquitoes, and so far it’s looking to be a 9-0 one…

In today's edition:

  • Exclusive: SCOTUS decision time

  • First company to hit $3T valuation

 đź”‘ Key Stories

Roca Explainer: Why All the SCOTUS Decisions?

By law, the Supreme Court’s term begins on the first Monday in October. It lasts until the first Monday in October of the next year.

Each term, SCOTUS is asked to review ~7,000 cases, of which it agrees to hear 100-200. Cases have typically already been decided in the US Court of Appeals – the highest federal court below SCOTUS – or the highest court in a given state. To accept a case, 4 of SCOTUS’ 9 justices must agree a case has merit.

If the Justices accept a case, it goes on the docket.

Some go on the “shadow docket” – cases that SCOTUS does not hold full oral arguments for. Others go through an extensive briefing process followed by oral arguments.

For those cases, the one who filed the case – the petitioner – is given a period to write a “brief,” which is an up-to-50-page document that makes their legal case. The second party – the respondent – then has a certain amount of time to file their own up-to-50-page brief.

After the initial arguments are filed, the petitioner and respondent can file briefs responding to the other’s position. If the US government is not directly involved in the case, it can file a brief on its position. SCOTUS can also solicit briefs from other parties who are interested in the case.

SCOTUS hears oral arguments in its cases from October through April.

Arguments last one hour, with each side having 30 minutes. Most of that time is dedicated to the lawyers answering the Justices’ questions.

After arguments are heard, the Justices hold a “conference.” They start the conference by deciding which recently filed cases to accept. They then state their opinions on and discuss a set of recently-argued cases. After the Chief Justice’s initial statements, the justices speak in descending order by seniority.

When the Justices are done speaking, they hold a vote. Once the votes have been tallied, the most senior majority Justice assigns another majority Justice to write SCOTUS’ majority opinion. The most senior minority Justice assigns another minority Justice to write the dissenting opinion.

SCOTUS’ opinions can be released at any point before the last day of the term. They typically release all decisions by late June/early July, after which SCOTUS breaks for the summer. Unanimous decisions are usually released sooner than disputed ones.

The most noteworthy decisions are typically released in the final days before the Justices break for the summer.

Theories for why include:

  • That the justices want more time to polish major decisions

  • That the justices want to cluster big decisions together to avoid excessive scrutiny of any one

  • That the justices don’t want the “big” cases to overshadow the “small” ones

  • And that the justices want to avoid social backlash, so they release contentious decisions just before leaving Washington, DC for the summer

For the rest of today’s news, we summarize two SCOTUS rulings from last week, as well as two other interesting stories. We hope you learn something new with us today, and then have a happy Fourth with your friends and family!

SCOTUS Blocks Debt Forgiveness

The US Supreme Court (SCOTUS) blocked President Biden’s debt forgiveness plan

  • Last August, the Biden administration used executive powers to cancel up to $20,000 in federal student debt per borrower

  • In February, SCOTUS heard 2 lawsuits that challenged the legality of that policy: One from a group of states who accused the Biden administration of exceeding its powers; and one from a group of borrowers who said the plan was insufficient

  • On Friday, SCOTUS ruled 6-3 that the policy was illegal. All 6 conservative justices voted in the majority; all 3 liberal justices voted in the minority

Dig Deeper

  • 26M Americans had already applied to have up to $20,000 of student debt forgiven, and the Education Department had already approved forgiveness for 16M of them. Biden said his administration would pursue other paths to debt forgiveness, but warned, “It’s going to take longer"

SCOTUS Overrules Discrimination Law

The US Supreme Court (SCOTUS) ruled that a graphic designer does not have to make websites for same-sex weddings

  • In 2016, graphic designer Lorie Smith sued Colorado over a state anti-discrimination law. Smith, who opposes same-sex marriage on religious grounds, had wanted the ability to design websites for opposite-sex weddings but not same-sex ones

  • The Colorado law says businesses must let all people – regardless of characteristics that include sexual orientation – equally and fully access their services and can’t publish anything that suggests otherwise

  • SCOTUS ruled 6-3 along conservative-liberal lines that the Colorado law was unconstitutional

Dig Deeper

  • “The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands,” Justice Neil Gorsuch wrote for the majority

  • Justice Sonia Sotomayor wrote in the dissent, “Today the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class”

Colosseum Vandal Identified

Police identified the man who vandalized Rome’s Colosseum as a 27-year-old Bulgarian-British tourist, who now faces fines and potential jail time

  • Last week, an American tourist captured a video of another tourist carving the words “Ivan and Hayley 23” in the walls of the Colosseum

  • The footage went viral, sparking anger in Italy and a search for the culprits. Authorities checked the names “Ivan and Hayley” against hotel records and linked them to 2 tourists from the UK who had recently departed Italy

  • Italy punishes the defacing of historical monuments with fines of up to €15,000 ($16,374) and up to five years in prison, although in similar instances in the past, culprits have not faced jail time

Dig Deeper

  • “This act has offended all those around the world who appreciate the value of archaeology, monuments, and history,” Italy’s culture minister said

Kevin Spacey Trial

Kevin Spacey appeared in UK court last week to face a dozen sexual assault charges

  • Since 2017, over 30 people have accused Spacey of manipulating them and leveraging his fame to pressure or coerce them into having sex, and various US jurisdictions have opened investigations into him

  • Last year, English prosecutors charged Spacey with a dozen sexual assault charges they allege took place against 4 men between 2001 and 2013. That trial began last week

  • In initial arguments, lawyers alleged Spacey was a “sexual bully.” Spacey has pleaded not guilty and has accused the victims of making up or mischaracterizing the events

Dig Deeper

  • “None of the men wanted to be touched by [Spacey] in a sexual way but he doesn’t seem to have cared very much for their feelings,” the prosecution argued

  • “You will soon hear I suggest some truths, you will soon hear some half-truths, you will also hear I suggest…some deliberate exaggerations – and you will hear many damned lies,” Spacey’s lawyer said

🍿 Popcorn

ICYMI

  • Worldwide leader in layoffs: ESPN announced it is letting go of 20 on-air personalities, as part of layoffs by its owner, Disney. Those cut include some of ESPN’s biggest stars: Jeff Van Gundy, Max Kellerman, and Jalen Rose

  • Endangered employees: National Geographic — also a Disney-owned media property — laid off its remaining staff writers and will no longer be sold on newsstands

  • Apple of the market’s eye: Apple’s stock closed with a market capitalization (total market value) above $3T Friday. It’s the only company in history to have crossed that threshold

Wildcard

  • When cars fly…: The Federal Aviation Administration (FAA) approved the sale of a flying car for the first time. The California company behind the flying car says it has a range of 110 miles

  • His last rodeo: A Nebraska rodeo athlete and his horse were struck by lightning and died. The incident took place last month while they were checking on cattle

  • RIP, Alan Arkin: Oscar-winning actor Alan Arkin died at age 89. Arkin had won an Oscar for his role as the grandfather in Little Miss Sunshine. Before starring in films, he was a singer

👇 What do you think?

Today's Poll

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Today's Question:

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See last week’s results below the Wrap! 

 đźŚŠ Roca Clubhouse

Yesterday's Poll:

American patriotism is
On the rise: 35%
On the decline: 40%
No opinion: 25%

Yesterday's Question:

Just 20 Qs!

🧠 Final Thoughts

We hope everyone had great weekends. Better yet, we hope you’re all on vacation, and not checking your email and even seeing this. For those that are, have great Fourths of July. We’ll be back on Wednesday.

—Max and Max