Live blog of opinions - Monday, July 6, 2020
We live-blogged on Monday, July 6, as the court released opinions in Chiafalo v. Washington and Barr v. American Association of Political Consultants. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology.
3rd & 7 37yd
3rd & 7 37yd
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I do believe Powell announced his retirement from the bench on the last day of the term. Thurgood Marshall issued a statement late in the afternoon on the last day. We were all working on the big stories from that morning... when boom... in mid-afternoon, the biggest decision of all.
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The Telephone Consumer Protection Act generally prohibits robocalls to cellphones and home phones. But a 2015 amendment to the TCPA allows robocalls to collect debts owed to or guaranteed by the federal governmetn, including to collect student loan and mortgage debts.
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Odd mirror of Espinoza. There the court reinstated a program that was struck down, essentially reversing something that would have treated all schools equally by denying funds (as Montana had eliminated vouchers for all schools). Here, it treats all actors equally by banning all robocalls.
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The last paragraph sums it up nicely again: Congress created a general restriction on robocalls to cellphones but carved out an exception. That exception is unconstitutional; the court fixed the problem by separating it from the rest of the statute, so now all robocalls are unconstitutional again.