This morning we expect the first opinions of the new term! Don’t get too excited because these early opinions usually are cases that washed out for some reason—but you never know. The Justice Department late Monday took the extraordinary step of seeking cert before judgment in pending DACA litigation. Plus: We’ve got a snapshot of the (many) recusals from Monday’sorders list. Scroll down for highlights from Monday’s argument about uranium mining—concerns about the future of the nuclear power industry formed the backdrop to this major federal preemption case. Thanks as always for reading Supreme Court Brief. Contact us at [email protected] and [email protected].
DACA Dash by the SG’s Office
Although U.S. Solicitor General Noel Francisco didn’t say it explicitly in his letter to the clerk of the Supreme Court, there was a strong sense of “patience has run out” in his extraordinary election-eve filing of three petitions confronting court rulings in the Ninth, D.C. and Second circuits that have kept in place the Deferred Action for Childhood Arrivals, or DACA, program. The government is seeking review before any appeals court has ruled on the legality of the program.
