LIve blog of opinions | March 31, 2015
3rd & 7 37yd
3rd & 7 37yd
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Good morning and welcome to the live blog. We will be starting momentarily.
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We are expecting one or more opinions in argued cases this morning. As is normally the case, we don't know which cases we are getting today. All of the October cases have been decided, but we are still waiting on Zivotofsky v. Kerry (Jerusalem passports) and Comptroller v. Wynne (constitutional tax cases) from November.
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From December, we still are waiting on Elonis v. United States (Facebook threats) and US v. Wong/June (FTCA).
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Is it likely that Elonis v. United States will be decided today?
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It looks as though we still need to hear from Kennedy, Roberts, Alito and Kagan for the Nov/Dec cases. Robert taking Zivotofsky and Kennedy Elonis?
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Any predictions about whether more death penalty cases will be granted review for 2015 term?
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How do we find out of our posts are posted rather than "in moderation"?
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The holding is that the Supremacy Clause does not confer a private right of action and Medicaid providers cannot sue for an injunction requiring compliance with the Act.
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The vote is divided; some members of the majority do not join Part 4.
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Here is our page for Armstrong. We will have an analysis of the opinion by Will Baude.
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Justice Sotomayor dissents, joined by Justices Kennedy, Ginsburg, and Kagan.
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The reason that there is a split off is that Breyer does not join in Part 4 of the opinion. He filed an opinion concurring in part and concurring in the judgment.
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The Court stresses that, contrary to what the dissent says, the plaintiffs here have not been left without resort. They must seek initial relief through HHS and not the courts.
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Amy...if you're traveling, how are you able to hear all of this?
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Can you walk us through the process of getting these decisions onto the Live Blog in real time? Considering that you can't use electronic devices in the court. Does Lyle have to run back and forth between the court and just outside to update you?
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Do you expect more opinions released before arguments tomorrow?
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Anyone have thoughts on when an opinion might come back on Michigan v. EPA?
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Is there any indication that Armstrong will come into play in the same-sex marriage cases (or their progeny)? The Supremacy Clause discussion seems geared toward the current federal/state conflict in Alabama.
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What is the longest decision in terms of pages? (majority + concurring + dissent)
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The Supremacy Clause discussion seems like a candidate for Per Curiam if ever there was one. Even if a few justices dissent on a SSM ruling, it would be hard to argue that a SCOTUS ruling wouldn't have supremacy over an Alabama SC ruling. Like Lyle said, "highly unusual".