Good morning, everyone! I would say welcome to our second day of opinions for the week, but I'm not sure that yesterday's "dismissed as improvidently granted" really counts?
But delighted to be here. Today is the last day of oral arguments this term, and to be honest I think the justices are ready to be finished with arguments. Yesterday the census argument was pretty tense.
We are expecting one or more opinions in argued cases today. As is the case every day but the last day of the term, we don't know how many opinions we are getting or which ones.
Still waiting for Gundy v. United States, the sex offender/non-delegation doctrine case from October that is the oldest case still outstanding on the court's merits docket.
Based on who else has written for the October sitting, we believe that Justice Sotomayor is likely writing in Gundy.
The five-minute buzzer just sounded. Will go take a look to see if we have boxes.
We have one box today, folks. For those of you who aren't here regularly, I am referring to the number of boxes of opinions that are waiting to be distributed in the Public Information Office at 10 am. The number of boxes is a rough proxy for the number of opinions we might get.
Okay, headed in to wait for opinions. Back soon.
We have the first and only opinion of the day, in Lamps Plus v. Varela. It is from the Chief Justice.
The Ninth Circuit is reversed and remanded.
The Supreme Court holds that under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
The vote is five to four. Ginsburg dissents, joined by Breyer and Sotomayor; Breyer and Sotomayor both have separate dissents. Kagan dissents, joined in full by Ginsburg and Breyer and in part by Sotomayor.
Okay, I am headed upstairs for oral arguments. We are hopefully going to have opinions again on Monday; we should know by the end of the week. Thanks for joining us today.
I think it's time to shut us down -- thank you for joining us! We've got one argument analysis still from yesterday (Rehaif), today's argument analyses (Quarles and Taggart), and our analysis of today's lone opinion (Lamps Plus). We might be back as early as Monday!
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