Live blog of opinions - Thursday, July 9, 2020
We will be live-blogging on Thursday, July 9, as the court releases the final opinions from the 2019-2020 term. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology.
For a list of answers to frequently asked questions during our live blogs, click here.
3rd & 7 37yd
3rd & 7 37yd
B
S
O
close
close

-





-
Good morning, everyone. Welcome to the season finale of “SCOTUS in Quarantine.” Teams of writers trained in dramatic and comedic craftsmanship at some of the nation’s finest law schools have brought us to this endpoint after more than nine months of unbelievable twists and turns. Airing at 10 a.m. Eastern time. (Check local listings.)
-
However, I can say something that I only get to say once a year, which is that we DO have a pretty good idea of what opinions we are getting today: McGirt v. Oklahoma, about whether much of eastern Oklahoma is in fact an Indian reservation; Trump v. Mazars, about whether various congressional committees can subpoena the president's financial records; and Trump v. Vance, about whether a New York grand jury could subpoena the president's financial records.
-
I asked this yesterday but it was right when the opinions were coming out so it was drowned out:
The Marshal of the Court and Reporter of Decisions both recently announced their retirements. What are the duties and responsibilities of these two positions? Is there a long line of people waiting to be "bumped up?" Are these "plum appointments" that get filled by confidantes of the Chief? -
I also want to say that if you have been reading SCOTUSblog for the past four years and liked what you saw, that's largely due to the efforts of our editor Edith Roberts, who rarely appears on the live blog but without whom the blog could not function. Today is Edith's last live blog before her retirement. We're so grateful for her work as an editor and for her as a colleague and we'll miss her. And for the sake of my sanity, let's hope this is the only retirement announcement I have to report on today.
-
Lots of questions about the Trump financial records cases. I think the conventional wisdom is that the court could split and rule for Trump on the congressional cases but against him on the NY grand jury case. There's a subset of conventional wisdom that suggests that the court could split within the congressional cases -- e.g., the court upholds at least one of the subpoenas (I think more likely the one from the intel committee, perhaps) but rejects another (perhaps oversight and reform)).
-
But I also want to caution that I think that the May arguments were particularly difficult to game because they were held by phone, so we couldn't see the justices, and the unusual format meant that everyone asked questions (and it was great to hear from Justice Thomas), but it was harder to figure out whose concerns were the biggest and most genuine.
-
Here's why I think we're getting all 3 decisions today: McGirt is the same issue as Sharp was, which was argued last term and (presumably) put on the back burner because Gorsuch was recused and the justices were deadlocked. They won't want to push it back another term. As for the tax cases, they (along with the faithless elector cases) were the primary reason we got May arguments in the first place.
-
I'd like to think this tax return nonsense is finally going to end, with an obvious decision that he must release them (which shouldn't be needed since he promised to do so in 3 1/2 years ago).... but given this is 2020 I fully expect a no decision and they kick it back to the lower courts lol. (ok, not really but... let's at least recognize it's not guaranteed to end today)
-
Assuming Justice Alito does announce his intentions to retire today (similar to what Sandra Day O'Connor did on Friday July 1st 2005) or a few days after the Court releases their final opinions, what is the time frame like that could seat a new justice in time to sit on cases in October of the 2020-2021 Court Term ?
-
By the way, as at least one commenter noted, yesterday we had a non-COVID-related emergency election filing, asking the justices to reinstate a ruling by a federal district court in Florida that struck down a law requiring residents with prior felony convictions to pay court fees and costs before they are allowed to vote. The Campaign Legal Center has announced the filing but I don't think it has been docketed yet (or I haven't been notified why it has been docketed yet), so I don't think the court has called for a response yet. But the deadline for voter registration for the Florida primary is less than 2 weeks away, so I would expect the court to act relatively quickly.