Scribble

Live blog of opinions | April 19, 2017

June 2018

3rd & 7 37yd

Good morning, we'll be getting started momentarily.

by Andrew Hamm 4/19/2017 1:48:04 PM

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Big day at the court today, with Trinity Lutheran scheduled to be argued at 10.

by Edith Roberts 4/19/2017 1:49:07 PM

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First we are expecting one or more opinions.

by Edith Roberts 4/19/2017 1:49:52 PM

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Sorry, folks. I was running a little late coming down today. We have perhaps the biggest crowd of the term outside the court this morning.

by Amy Howe 4/19/2017 1:50:27 PM

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There is one case left from the October sitting, Manrique v. United States, so that is a possibility. Justice Thomas is the only justice without an opinion from that session.

by Edith Roberts 4/19/2017 1:50:37 PM

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There is someone with a bunch of gold balloons, but I couldn't figure out what the letters were. M-O-O-T?

by Amy Howe 4/19/2017 1:50:49 PM

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29 April last conference of the term?

by LMW 4/19/2017 1:50:53 PM

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Do you think it is possible that the Packingham V North Carolina case will have a decision by the summer break?

by AnonMoose 4/19/2017 1:54:44 PM

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Five-minute buzzer just sounded. One box today.

by Amy Howe 4/19/2017 1:55:19 PM

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You've probably answered this in past days, but with his mid-term entry to the court and the fact that there are outstanding cases that were argued prior to him taking the bench, do we expect Justice Gorsuch to be involved in the decision for any cases that were actually argued before he took the bench?

by Sam 4/19/2017 1:55:21 PM

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Why has scotusblog switched its teaser at the top of the home page from last year's "we are expecting opinions" to "there is a possibility of opinions" on a given day? Are you less certain for some reason?

by Ben Torrance 4/19/2017 1:56:08 PM

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so who is where logistically speaking?

by Adam 4/19/2017 1:57:19 PM

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Amy is going to line up for opinions now.

by Edith Roberts 4/19/2017 1:57:21 PM

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First opinion will be more

by Edith Roberts 4/19/2017 2:01:42 PM

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Nelson v Colorado, by Ginsburg. Reversed and remanded.

by Edith Roberts 4/19/2017 2:01:55 PM

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When a criminal conviction is invalidated by a reviewing court and no retrial will occur, is the State obliged to refund fees, court costs, and restitution exacted from the defendant upon, and as a consequence of, the conviction? Court says yes.

by Amy Howe 4/19/2017 2:04:23 PM

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Steve Vladeck will have our opinion in Nelson v. Colorado. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 4/19/2017 2:04:30 PM

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It is a violation of the Fourteenth Amendment's due process guarantee, the court says.

by Amy Howe 4/19/2017 2:04:47 PM

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Decision is 7-1. Alito concurs in the judgment, Thomas dissents, Gorsuch did not participate.

by Amy Howe 4/19/2017 2:05:01 PM

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There will be more -- from Ginsburg, Thomas, Kennedy, or the Chief.

by Amy Howe 4/19/2017 2:05:17 PM

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Going back for the next one.

by Amy Howe 4/19/2017 2:05:36 PM

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We have the second and final opinion in the day, from Justice Thomas in Manrique v. US.

by Amy Howe 4/19/2017 2:06:20 PM

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The Eleventh Circuit's decision below is affirmed.

by Amy Howe 4/19/2017 2:06:32 PM

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It is 6-2; Ginsburg dissents, joined by Sotomayor. Gorsuch again did not participate.

by Amy Howe 4/19/2017 2:06:58 PM

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Court rules that a defendant who wants to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order. If he does not and the government objects, he may not challenge the restitution order on appeal.

by Amy Howe 4/19/2017 2:07:34 PM

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This was the last October case.

by Amy Howe 4/19/2017 2:07:39 PM

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About how many people line up for a copy of the opinions?

by Richard Hoenes 4/19/2017 2:07:46 PM

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I am headed upstairs now for oral arguments in Trinity Lutheran. Thanks for joining us!

by Amy Howe 4/19/2017 2:08:24 PM

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Steve Vladeck is also covering Manrique v. US for us. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 4/19/2017 2:09:30 PM

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unanimous?

by Josh Segal 4/19/2017 2:12:33 PM

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That's all for this morning. Thank you for joining us!

by Andrew Hamm 4/19/2017 2:13:31 PM

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- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
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- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
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Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
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Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
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