U.S. Supreme Court

Now You See It, Now You Don't: Supreme Court Posts Opinions Early, Then Removes Them

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How Appealing was quick on the draw when it posted news today of a U.S. Supreme Court opinion by Justice Elena Kagan.

The Supreme Court posted the Kagan opinion, a summary reversal in a different case, and its list of cert grants before they were announced in open court, according to How Appealing and SCOTUSblog. How Appealing linked to the items before they were temporarily removed from the court’s website. They were set to reappear at the regular time, 10 a.m. Eastern Time.

“Stay tuned for news coverage of how the court managed accidentally to make public its order list and opinions 30 minutes early,” How Appealing says. “And perhaps the SEC can look into whether any unusual trading took place during that 30 minutes based on the information contained in the order list.”

The big news of the day was the Supreme Court’s decision to grant cert in a challenge to Arizona’s controversial immigration law authorizing police to check the immigration status of people who are stopped.

The Kagan decision (PDF) temporarily blocked the deportation of a Philippines native who had applied for an exception to the deportation rules, the Associated Press reports. Kagan wrote for a unanimous court that the Board of Immigration Appeals policy for deciding the matter was arbitrary and capricious.

“The legal background of this case is complex, but the principle guiding our decision is anything but,” Kagan wrote. “When an administrative agency sets policy, it must provide a reasoned explanation for its action. That is not a high bar, but it is an unwavering one. Here, the BIA has failed to meet it.”

The case is Judulang v. Holder.

Corrected at 10:14 a.m to change reference from SCOTUSblog to How Appealing.

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