As of 2:15 AM ET, by all accounts, it looks like Donald J. Trump will be the 45th President of the United States. This selection will further shrink the Supreme Court’s docket this term, and the next.
First, U.S. v. Texas–which is currently floating in Brownsville–will be removed from the docket, as a President Trump would rescind DAPA.
Second, Zubik v. Burwell–which is also floating in the lower courts–may also be removed from the docket, as a Trump Administration would simply exempt the Little Sisters of the Poor and other charities from the mandate.
Third, House of Representatives v. Burwell, which is pending before the D.C. Circuit, may also come off the docket. A Trump Administration will simply decline to make these illegal payments. On a related note, look for the Obama administration to quickly settle the risk corridor suits.
Fourth, further down the road, you can expect the Trump Administration to rescind the Clean Power Plan rulemaking, so that challenge also comes off the docket.
What executive action giveth, executive action taketh away.
Fifth, Trinity Lutheran, which was never been scheduled for argument, will likely come off the docket. Josh Hawley–a former law professor who has worked with the Becket Fund–has won his race for Missouri Attorney General. He will probably make that case go away.
There is a lot to digest. I’ll do my best to keep my commentary within my sphere of competency.