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, see Sept. 1) 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): rejects 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)

Bouarfa v. Mayorkas, 604 U.S. 6 (decided December 10, 2024): under 8 U.S.C. §1252, Secretary of Homeland Security’s decision to revoke visas is final, courts can’t review it (visa previously issued to Palestinian husband of American citizen wife, with whom he had three American citizen children, revoked due to finding that his previous marriage had been fraudulently entered into) (unanimous opinion by Jackson)