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Live blog of opinions | April 25, 2017

June 2018

3rd & 7 37yd

Good morning and welcome to our live blog.

by Edith Roberts 4/25/2017 1:46:22 PM

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There are two arguments today, both in personal jurisdiction cases, and we are also waiting for opinions at 10.

by Edith Roberts 4/25/2017 1:47:05 PM

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Is there anywhere to watch/hear the oral arguments live?

by Taylor 4/25/2017 1:47:11 PM

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Good morning! Is it possible for Justice Gorsuch to make a vote on cases that were argued before he became a justice, but have no yet been decided?

by AMH 4/25/2017 1:47:55 PM

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What is the general impression of Justice Gorsuch after his first week of arguments?

by cwgivens21 4/25/2017 1:50:09 PM

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Five minute buzzer just sounded.

by Edith Roberts 4/25/2017 1:54:55 PM

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There are three cases left from the November sitting, and two from the December sitting.

by Edith Roberts 4/25/2017 1:55:14 PM

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Hello, all! Welcome to our live blog. Sorry for the delay in joining you.

by Amy Howe 4/25/2017 1:55:30 PM

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One box today.

by Amy Howe 4/25/2017 1:55:43 PM

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Seems odd that Justice Gorsuch is listed as not participating in most of yesterday's orders.

by LMW 4/25/2017 1:56:12 PM

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What's the most likely candidate for J Gorsuch's first opinion? If not Perry v. MSPB, what else is out there?

by The first opinion 4/25/2017 1:57:14 PM

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Amy is getting in line for opinions now.

by Edith Roberts 4/25/2017 1:58:04 PM

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Are there any particular conventions relating to first opinion assignments? Does the new justice normally get assigned something routine or boring? Is there any element of choice involved?

by cwgivens21 4/25/2017 1:59:43 PM

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Still waiting for Amy...

by Edith Roberts 4/25/2017 2:01:55 PM

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One opinion only.

by Edith Roberts 4/25/2017 2:02:31 PM

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Lewis v Clarke.

by Edith Roberts 4/25/2017 2:02:38 PM

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Sotomayor writes.

by Edith Roberts 4/25/2017 2:02:49 PM

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8-0, without Gorsuch.

by Edith Roberts 4/25/2017 2:03:00 PM

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Thomas and Ginsburg filed opinions concurring in judgment

by Edith Roberts 4/25/2017 2:03:16 PM

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In a suit brought against a tribal employee in his individual capacity, the employee rather than the tribe is the real party in interest and the tribe's sovereign immunity is not implicated.

by Edith Roberts 4/25/2017 2:04:22 PM

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Todd Henderson will have our analysis in Lewis v. Clarke. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 4/25/2017 2:04:59 PM

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That an employee was acting within the scope of his employment when the tort was committed is not on its own sufficient to bar a suit against that employee based on tribal sovereign immunity.

by Amy Howe 4/25/2017 2:05:57 PM

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And an indemnification provision does not extend a tribe's sovereign immunity where it would not otherwise reach.

by Amy Howe 4/25/2017 2:06:14 PM

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The decision of the Supreme Court of Connecticut is reversed and remanded.

by Amy Howe 4/25/2017 2:06:29 PM

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Opinion(s) tomorrow?

by LMW 4/25/2017 2:06:54 PM

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Will there be any discussion/report of the oral arguments being heard today, as it happens? (Bristol Myers and BNSF)

by LAS 4/25/2017 2:07:17 PM

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what is the opinion line?

by rkeller1373 4/25/2017 2:09:10 PM

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Easy opinion to remember the name of.

by LMW 4/25/2017 2:12:20 PM

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Thanks everyone for joining us this morning!

by Andrew Hamm 4/25/2017 2:12:52 PM

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This Week at the Court
On Monday the Supreme Court will release orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.).
This post will be updated on Monday to reflect any additional non-argument sessions the justices may schedule.
Major Cases
- 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.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
- 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.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
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.
see all this term’s cases »
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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Summary reversals 8

Merits cases granted to date 63

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