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Editor's Note :

Scribble

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

Live blog of opinions | April 18, 2017

Live blog of opinions | April 18, 2017

June 2019

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Conference of June 13, 2019

3rd & 7 37yd

Good morning, everyone! Welcome to our live blog.

by Amy Howe 4/18/2017 1:43:53 PM

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I am down at the court waiting for possible opinions at 10 am.

by Amy Howe 4/18/2017 1:44:13 PM

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We could get a pretty wide range of opinions today. There is still one opinion left from October: Manrique v. United States. Justice Thomas is the only justice who does not yet have an opinion from October, so he is likely the author of that decision, whenever it comes.

by Amy Howe 4/18/2017 1:45:36 PM

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There are three decisions left from November: Venezuela v. Helmerich & Payne International; Bank of America v. Miami; and Sessions v. Morales-Santana. Justices Ginsburg and Breyer do not yet have any November decisions, so presumably they each have at least one of theirs; the third one could be just about anyone's.

by Amy Howe 4/18/2017 1:47:09 PM

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And from December we have Jennings v. Rodriguez and McCrory v. Harris; Roberts, Alito, and Kagan have not yet written for December. Thanks to the blog's Andrew Hamm for putting these together.

by Amy Howe 4/18/2017 1:48:15 PM

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Is it reasonable to think Packingham V North Carolina could be one?

by AnonMoose 4/18/2017 1:48:34 PM

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Since the Chief wrote two opinions for January, do you think it's likely that Kagan & Alito are writing for December?

by Kevin 4/18/2017 1:49:07 PM

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Anyone noteworthy there yesterday for Justice Gorsuch's first day on the bench? His family? Retired justices? Etc?

by Scotusblog fan 4/18/2017 1:50:05 PM

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If a case comes from a circuit in which a new justice sat doe s he or she recuse even if he or she was not on the panel which decided the case?

by Schmerguls G. 4/18/2017 1:51:30 PM

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How likely is a 4-4 summary affirmance in the City of Miami cases? Unless the Court comes to some compromise position (which Gorsuch's confirmation may motivate on the liberals' side), it is hard to count to five for a reversal.

by Thomas 4/18/2017 1:52:46 PM

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Last time one reader asked about the quickest turnaround to hearing a case in recent memory. Here’s what I found going back to Stevens.

John Roberts, 4 days: Confirmed September 29, 2005, heard first case on October 3, 2005 (Roberts had already been confirmed for O’Connor’s seat on September 6, 2005, which would be 27 days)
David Souter, 7 days: Confirmed on October 2, 1990, heard first case on October 9, 1990
Sandra Day O’Connor, 14 days: Confirmed on September 21, 1981, heard first case on October 5, 1981
Antonin Scalia, 19 days: Confirmed on September 17, 1986, heard first case on October 6, 1986
Anthony Kennedy, 19 days: Confirmed on February 3, 1988, heard first case on February 22, 1988
Clarence Thomas, 20 days: Confirmed October 15, heard first case on November 4, 1991
Samuel Alito, 21 days: Confirmed January 31, 2006, heard first case on February 21, 2006
John Paul Stevens, 26 days: Confirmed on December 17, 1975, heard first case on January 12, 1976

Thank you to Oyez and the U.S. Senate. https://www.senate.gov/pagelayout/reference/nominations/Nominations.htm

by Andrew Hamm 4/18/2017 1:53:13 PM

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I didn't see Louise Gorsuch yesterday, but didn't look that closely at the other side of the courtroom.

by Circuit Justice assignments 4/18/2017 1:53:50 PM

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Just had the five-minute buzzer.

by Amy Howe 4/18/2017 1:55:03 PM

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going in to wait for opinions.

by Amy Howe 4/18/2017 1:56:42 PM

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Any chance that Gorsuch will write an opinion this term?

by Gagafor Gorsuch 4/18/2017 1:56:56 PM

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First opinion. Goodyear Tire v Haeger by Kagan

by Edith Roberts 4/18/2017 2:01:01 PM

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Reversed and remanded

by Edith Roberts 4/18/2017 2:01:07 PM

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When a federal court exercises its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees, the award is limited to the fees the innocent party incurred solely because of the misconduct

by Edith Roberts 4/18/2017 2:02:05 PM

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To put it another way, the award is limited to the fees that the party would not have incurred but for the bad faith.

by Edith Roberts 4/18/2017 2:02:37 PM

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The district court has broad discretion to calculate fee awards under that standard.

by Edith Roberts 4/18/2017 2:03:00 PM

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Howard Wasserman will have our analysis in Goodyear. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 4/18/2017 2:03:09 PM

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Only one box today.

by Amy Howe 4/18/2017 2:03:37 PM

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But here, the court granted legal fees beyond those resulting from the litigation misconduct, so this award cannot stand.

by Edith Roberts 4/18/2017 2:03:40 PM

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8-0, 13 pages.

by Edith Roberts 4/18/2017 2:03:46 PM

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Amy is going for the next one. Probably not more than one more, because there is only one box.

by Edith Roberts 4/18/2017 2:04:07 PM

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Second and final opinion. Coventry Health Care v Nevils. 8-0, by Ginsburg, concurrence by Thomas.

by Edith Roberts 4/18/2017 2:04:50 PM

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Argued March 1.

by Edith Roberts 4/18/2017 2:04:58 PM

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Reversed and remanded

by Edith Roberts 4/18/2017 2:05:58 PM

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The Federal Employees Health Benefits Act's express preemption provision overrides state law barring subrogation and reimbursement.

by Edith Roberts 4/18/2017 2:06:50 PM

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Ronald Mann will have our analysis in Coventry. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 4/18/2017 2:06:57 PM

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The regime Congress enacted is compatible with the Supremacy Clause.

by Edith Roberts 4/18/2017 2:07:24 PM

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Barely 11 pages. Thomas has a one-paragraph concurrence.

by Edith Roberts 4/18/2017 2:07:37 PM

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That is all the opinions for today.

by Edith Roberts 4/18/2017 2:07:54 PM

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Do we know how Gorsuch has staffed his chambers with clerks? Did he bring some in with him, or is he relying on a pool?

by Col. Mustard 4/18/2017 2:08:25 PM

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And that is all she wrote. We are still waiting on Manrique and the November cases. Maybe we will get one of them tomorrow? We will be back here again at 9:45; hope to see you then!

by Amy Howe 4/18/2017 2:10:24 PM

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Thanks, everyone!

by Andrew Hamm 4/18/2017 2:12:11 PM

Comment ()

Featured Posts

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe
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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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6
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10
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13
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