On Tuesday Justice Ginsburg announced the first opinion of the Court in a double-jeopardy case, Bravo-Fernandez v. U.S., argued on the first day of the term. Ginsburg spoke at length despite a severe hoarseness that made it hard to understand, and naturally that led to some speculation about her health. Once the argument got under way, though, she participated as vigorously as usual.
The Court heard three arguments this week, only two of which I sketched. Tuesday’s case, Moore v. Texas, was about the standard used to determine if a Texas death row inmate is too intellectually disabled to be executed.
Wednesday’s immigrant detention argument in Jennings v. Rodriguez pitted the plenary powers doctrine (I had to look that up) versus judicial review.
. . . and outside the it was a very soggy couple of days . . .