1998—At a fundraiser for its political action committees, the National Organization for Women auctions off a gift provided to it by Justice Ruth Bader Ginsburg, a signed copy of her 1996 opinion in United States v. Virginia that ruled that the Virginia Military Institute’s male-only admissions policy was unconstitutional.
2003—Under the Nevada constitution, the legislature cannot raise taxes except by a 2/3 vote of both legislative houses. Or so the constitution says.
But when Nevada governor Kenny Guinn can’t get the legislature to fund his education budget, he runs to the Nevada supreme court for help. By a vote of 6 to 1, the court (in Guinn v. Legislature of the State of Nevada) somehow orders the legislature to proceed “under simple majority rule” to raise taxes. Citing the “impasse that has resulted from the procedural and general constitutional requirement of passing revenue measures by a two-thirds majority,” the court orders that “this procedural requirement must give way to the substantive and specific constitutional mandate to fund public education.” (For more, see this analysis by Eugene Volokh, who describes the ruling as “one of the most appalling judicial decisions I’ve ever seen.”) Three years later, the Nevada supreme court quietly repudiates its ruling.
2023—What part of “no court shall have jurisdiction” do Fourth Circuit judges Roger Gregory, James Wynn, and Stephanie Thacker not understand?
In June 2023, President Biden signs into law a bill that declares that “the timely completion and operation of the Mountain Valley Pipeline is required in the national interest” and that “ratifies and approves” all federal agency authorizations needed for completion of the natural-gas pipeline. The new law also provides that “no court shall have jurisdiction to review any action taken by” a federal agency with respect to the pipeline. It thus brings an end to years of litigation over the pipeline. But without a word of explanation, a panel of Gregory, Wynn, and Thacker enters stay orders that block completion of the pipeline.
Two weeks later, without any recorded dissent, the Supreme Court will vacate the panel’s orders.