Today in Supreme Court History: December 10

Whole Woman’s Health v. Jackson, 595 U.S. 30 (decided December 10, 2021): suit against abortion “bounty hunter” statute (Texas S. 8) can proceed against state health officials having collateral authority over abortion services but not against judges and clerks who put S. 8 cases on dockets (Sotomayor’s argument in dissent, that such a statute can in effect prevent the exercise of any explicitly recognized Constitutional right, survives Dobbs)

McConnell v. Federal Election Comm’n, 540 U.S. 93 (decided December 10, 2003): rejected First Amendment attack on McCain-Feingold campaign finance disclosure law (partly overruled by Citizens United v. FEC, 2010)

Tanzin v. Tanvir, 592 U.S. 43 (decided December 10, 2020): FBI agents violating Religious Freedom Restoration Act can be liable in individual capacities (plaintiffs were Muslims who were placed on “no-fly” list for refusing to inform on their communities; they were then taken off list, making the injunctive claim moot; Court here held only that claim for damages could go forward, without deciding merits)