NAME: Ricky Lee Smith, Petitioner v. Nancy A. Berryhill, Acting Commissioner of Social Security
JOINING: Roberts, Thomas, Ginsburg, Breyer, Alito, Kagan, Gorsuch, Kavanaugh
Case CommentaryThis case is idiotic.
Now, idiotic may (or may not) be one of those complicated legal terms. So, let me break it down for you.
In this case there is no opposition.
There is no other side... because only a moron (call them an idiot) would have any problem whatsoever realizing that a decision to dismiss is equivalent to a final judgement.
It took The Court sixteen pages to say that.
Whenever a case is so obviously one-sided (in a word, idiotic), The Court assigns someone to argue the other side: an amicus curiae.
The amicus curiae always looses.
And The Court always says that said amicus curiae has ably discharged their duties... and/or discharged their duty with distinction and honour or some such nonsense.
It's a silly bit of politeness (call it idiocy) that shows how entrenched in an adversarial mindset the judicial proceedings of our country really are.