Live blog of opinions - Wednesday, July 8, 2020
We live-blogged on Wednesday, July 8, as the court released opinions in Little Sisters of the Poor v. Pennsylvania and Our Lady of Guadalupe School v. Morrissey-Berru. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology.
3rd & 7 37yd
3rd & 7 37yd
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Hopefully I can get this in before the flood of comments! Quick question: I know the Court issues opinions around 10AM and then posts any additional opinions in approximately 10-min increments, but I noticed people were saying that the last two opinions last time were it for the day on Monday - How did you know? Is there some sort of indicator I was missing saying "this is the last one for the day?"
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@Josh, yes JPS was senior. Yes, CT would preside. But I was referring to oral argument. I don't know whether the senior justice would take over all the conference duties or share them out. And I sincerely doubt that the senior justice would take over such duties as the Judicial Conference or the Smithsonian.
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Mark Walsh, would the rule discussed in Yovino v. Rizo still apply, for example, if a federal circuit ct judge or a SCOTUS justice dies literally a day or maybe hours prior to the issuance of the decision, but everything - the voting, the deliberative process, the drafting of opinions, the printing of the opinions, etc. - has been completed except for the actual release of the opinion. Reading that SCOTUS opinion, it looks like to me that that the Court was maybe concerned, in part, that there was still time for someone to have made a different decision in the Circuit Court so as to have potentially affected the outcome.
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Thomas doesn't dislike speaking; he dislikes interrupting lawyers. Many years ago, in his first oral argument as a young lawyer in Missouri, the panel allowed him to deliver his argument without interruption.He was very grateful for that, and when he became a jurist, he resolved to return that kindness. That's what he told a gathering at the ABA Appellate Summit a few years ago. I believe that this is why he questioned fully during May 2020 remote arguments; the time was set aside for him, so he wasn't interrupting anyone.
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For what it's worth, keep in mind (i) that the Mazars cases are not about the President's tax returns, as such--they're about his financial and banking records more broadly, and thus might reveal, in particular, his foreign entanglements, if any; and (ii) the congressional case is the far more important of the two for present purposes (i.e., the public and Congress learning whether Trump has any conflicts) because the NY grand jury records will remain confidential.