Scribble

Editor's Note :

Scribble

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee

Live blog of opinions | April 19, 2017

Live blog of opinions | April 19, 2017

Dec. 2018

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Conference of December 7, 2018

Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

Conference

Orders

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Holiday

3rd & 7 37yd

Good morning, we'll be getting started momentarily.

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

Comment ()
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

Comment ()
First we are expecting one or more opinions.

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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
29 April last conference of the term?

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

Comment ()
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

Comment ()
Five-minute buzzer just sounded. One box today.

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

Comment ()
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

Comment ()
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

Comment ()
so who is where logistically speaking?

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

Comment ()
Amy is going to line up for opinions now.

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

Comment ()
First opinion will be more

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

Comment ()
Nelson v Colorado, by Ginsburg. Reversed and remanded.

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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

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

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

Comment ()
Going back for the next one.

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

Comment ()
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

Comment ()
The Eleventh Circuit's decision below is affirmed.

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

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

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

Comment ()
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

Comment ()
This was the last October case.

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

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

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

Comment ()
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

Comment ()
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

Comment ()
unanimous?

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

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

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

Comment ()

Featured Posts

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee
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This Week at the Court
The Supreme Court released orders from the December 7 conference on Monday; the justices added Kisor v. Wilkie to their merits docket for this term. The justices also released their decision in United States v. Stitt on Monday.
The justices will meet next for their January 4 conference. The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- 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.
- In re Department of Commerce
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57