The U.S. Supreme Court today opened its Fall 2023 Term today by issuing the typically long first-day-of-term Order List. The Court denied review in hundreds of cases. Among the interesting cases were Truong v. Stitt, (Docket No. 22-7743) and Truong v. Dewine, (Docket No. 22-7800), in which a pro se plaintiff sued a lengthy list of defendants-- including five U.S. Supreme Court Justices-- challenging, among other things, Oklahoma's (10th Circuit opinion) and Ohio's (district court opinion) laws restricting abortions. In disposing of the cases, the Supreme Court said:
Because the Court lacks a quorum, 28 U. S. C. §1, and since the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment is affirmed under 28 U. S. C. §2109, which provides that under these circumstances "the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court." Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett took no part in the consideration or decision of this petition.
Yesterday, before the start of the new term, the traditional Red Mass was held at the Cathedral of St. Matthew the Apostle in Washington, D.C. Catholic Standard, reporting on the Mass, said that Chief Justice Roberts, Justice Barrett; and retired Justice Kennedy were in attendance.
