Good morning and welcome to the live blog, sponsored by Bloomberg Law.
Tom, Amy and Lyle will be joining us momentarily.
Good morning from the Court's press room. No crowd here today.
Good morning to all! Thanks for joining us.
It was interesting that Cecilia Marshall, the widow of Justice Thurgood Marshall, was in the gallery yesterday when the Court announced its decision in Schuette, although the speculation is that she was there because her son, who is also a lawyer, may have been involved in one of the cases yesterday.
The five-minute buzzer sounded a little while ago.
Waiting for Lyle now. It's almost ten o'clock.
Here he is. We have the first opinion, in Paroline v. US. By Kennedy.
The decision is 5-4 vote. the Fifth Circuit is vacated and remanded.
Restitution is proper under the statute only to the extent that the defendant's offense proximately caused a victim's losses.
The opinion is joined by Ginsburg, Breyer, Alito, and Kagan. Very interesting.
Roberts dissents, joined by Scalia and Thomas. Sotomayor dissents separately.
The Court stresses that district courts should use their discretion and sound judgment to determine the proper amount of restitution and apply a variety of factors as guideposts.
This is not the only decision today. Justice Kennedy is still reading from his opinion. He has been busy the last couple of days.
I will be interested to see in Kedar Bhatia's excellent statistics how often we have seen this line-up of votes before. Can't be that often.
But the fact that we are hearing from Justice Kennedy means that only Kennedy, Scalia, or the Chief Justice could be announcing further decisions today, because they announce in reverse seniority order.
It appears that the Kennedy opinion in Paroline is the middle position. Roberts apparently says there should be no recovery; Sotomayor says full recovery. Any number that you pick, according to the Chief, is going to be arbitrary, which is not good enough for criminal law.
Sotomayor goes in the completely opposite direction w/r/to restitution.
It is in White v. Woodall.
The decision of the Sixth Circuit is reversed.
Scalia writes for the Court, Breyer dissents joined by Ginsburg and Sotomayor.
This is a habeas case. The Court rules that because the KY Supreme Court's rejection of Woodall's Fifth Amendment claim was not objectively unreasonable, the Sixth Circuit was wrong in granting the writ of habeas.
This was a case involving a dispute over a jury instruction about not drawing adverse inferences from the fact that the defendant did not testify at the guilt phase.
That is the second and final decision for the day.
Today is the last day that the Justices will sit this week. We have not had official word yet, but we expect orders on Monday and perhaps decisions on Tuesday and Wednesday. We will know more at the end of the week and will let you know as soon as it is official. Thanks so much for joining us, and have a great day!