Good morning everyone. Welcome to the first live blog of 2020!
Good morning, everyone. Sorry for the delays -- having some technical difficulties on my end. No boxes yet.
And for those of you who are new or new-ish here, the number of boxes is a reference to the number of boxes of opinions waiting to be distributed in the Public Information Office next door. The number of boxes is a *rough* proxy for the number of opinions.
It's a relatively busy day here today because the first argument is in the "Bridgegate" case, Kelly v. United States. The second case is a clash of Supreme Court advocate titans, with Lisa Blatt and Neal Katyal squaring off.
One box here today. And the five-minute buzzer just sounded.
Okay, going in to wait for opinions now. When I'm done, I will be leaving somewhat abruptly to go upstairs for the arguments, so please don't be offended if I ghost you.
A number of questions about how an impeachment trial may affect the schedule of the Supreme Court. It's hard to say, but likely not much. Roberts could in theory hear cases in the morning and then preside over the trial in the afternoon. But it could push back his timeline to draft opinions or work on other matters.
We have the first opinion, in Ritzen Group v. Jackson Masonry, from Justice Ginsburg. The Court rules that a bankruptcy court's order unreservedly denying relief from the automatic stay constitutes a final, immediately appealable order.
It is unanimous. There is at least one more, and it will come (b/c the justices issue opinions in order of reverse seniority) from Ginsburg (although not likely), Thomas, or the Chief.
Ronald Mann had predicted that this case would likely come relatively quickly.
We have the second and final opinion, in Retirement Plans Committee of IBM v. Jander. It is a per curiam opinion. The decision below is vacated and remanded, "leaving it to the Second Circuit whether to determine their merits, taking such action as it deems appropriate" regarding arguments raised in the petitioners' brief.
The arguments were not addressed in the Second Circuit. Kagan has a concurring opinion, joined by Ginsburg. Gorsuch also has a concurring opinion.
Headed upstairs now. Thanks for joining us!
Ok everyone, that's all for this morning. We could get more opinions next Tuesday, but it's too early to say. Up next we'll have argument analysis for yesterday's arguments, Lucky Brand v. Marcel and Thole v. U.S. Bank; argument previews for the two next Tuesday, Shular v. United States and GE Energy v. Outokumpu Stainless; and a look at the long list of exciting relists for Friday's conference. Lots coming. Thanks for joining us!
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