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Live blog of opinions | February 21, 2018

This live blog features discussion of the four cases decided on this day: Murphy v. Smith, Rubin v. Islamic Republic of Iran, Class v. United States, and Digital Realty Trust v. Somers. We also revealed the true size of the Supreme Court's opinion boxes.

3rd & 7 37yd

Good morning and welcome to our live blog, just the third this term.

by Andrew Hamm 2/21/2018 2:47:03 PM
Good morning, everyone! Thanks for joining us.

by Amy Howe 2/21/2018 2:48:07 PM
Except for Bush v. Gore, what's the shortest turnaround time from argument (or grant) to opinion you're aware of?

by oxwof 2/21/2018 2:49:05 PM
Are opinions coming at a slower-than-usual pace this term? If so, any ideas why?

by Swifty819 2/21/2018 2:51:56 PM
Given that primary season is approaching, do we anticipate a decision in Gill v. Whitford on the earlier side or at the end of the Term? Any tea-leaf reading based upon votes on orders in other cases?

by Redistricting Fan 2/21/2018 2:52:59 PM
I would like to follow the podcasts on your website, but they are sound-only, with no visual and no closed captioning. Makes it needlessly difficult to follow them.

by access to podcasts? 2/21/2018 2:55:15 PM
Three boxes of opinions today.

by Edith Roberts 2/21/2018 2:57:31 PM
To answer a couple of common questions, for those of you who are new-ish here: We don't have any idea how many opinions we will get today or what ones they might be.

by Amy Howe 2/21/2018 2:58:15 PM
But we will know very soon . . . .

by Amy Howe 2/21/2018 3:00:57 PM
First opinion is in Murphy v. Smith, the attorney's fees case.

by Amy Howe 2/21/2018 3:02:45 PM
Decision is by Gorsuch, with Sotomayor dissenting (joined by Ginsburg, Breyer, and Kagan).

by Amy Howe 2/21/2018 3:03:06 PM
First out is Murphy v. Smith. Charlotte Garden will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/16-1067_q86b.pdf

by Andrew Hamm 2/21/2018 3:03:09 PM
The decision of the Seventh Circuit is affirmed.

by Amy Howe 2/21/2018 3:03:13 PM
This is a case about how the fees are paid for prisoners who prevail in their civil rights lawsuits.

by Amy Howe 2/21/2018 3:03:49 PM
The majority rules that the district court must apply up to 25% of the judgment in favor of the prisoner to the fees. It is barely 9 pages.

by Amy Howe 2/21/2018 3:04:31 PM
Next decision is in Rubin v. Islamic Republic of Iran, also out of the Seventh Circuit.

by Amy Howe 2/21/2018 3:05:01 PM
The decision is by Sotomayor, with Kagan recused. It is otherwise unanimous, and the Seventh Circuit is affirmed.

by Amy Howe 2/21/2018 3:06:05 PM
The court holds that Section 1610(g) of the Foreign Sovereign Immunities Act identifies property that will be available for attachment and execution in satisfaction of a judgment under Section 1605A, but it does not in and of itself divest the property of immunity.

by Amy Howe 2/21/2018 3:07:19 PM
Here is the opinion in Rubin v. Iran. Amy Howe will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/16-534_6jfm.pdf

by Andrew Hamm 2/21/2018 3:07:21 PM
Next opinion is in Class v. United States, by Breyer. It is joined by Roberts, Ginsburg, Sotomayor, Kagan and Gorsuch. Alito dissents, joined by Kennedy and Thomas.

by Amy Howe 2/21/2018 3:08:08 PM
Lower court's decision is reversed and remanded; court holds that a guilty plea, by itself, does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal.

by Amy Howe 2/21/2018 3:08:44 PM
Here is a link to the court's opinion in Class v. US. Rory Little will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/16-424_g2bh.pdf

by Andrew Hamm 2/21/2018 3:10:16 PM
Petitioner in Class was indicted for having guns in his car while parked on the U.S. Capitol grounds. He wanted to challenge the statute prohibiting guns on the Capitol grounds as a violation of the Second Amendment and the Due Process Clause.

by Amy Howe 2/21/2018 3:10:34 PM
Next up: Digital Realty Trust v. Somers, from Ginsburg. Court's opinion is joined by Roberts, Kennedy, Breyer, Sotomayor, and Kagan. Sotomayor has a concurring opinion joined by Breyer; Thomas concurs in part and concurs in the judgment, joined by Alito and Gorsuch.

by Amy Howe 2/21/2018 3:12:49 PM
The Ninth Circuit's decision is reversed and remanded.

by Amy Howe 2/21/2018 3:13:03 PM
The Court holds that Dodd-Frank's anti-retaliation provision does not extend to an individual, like the petitioner in this case, who has not reported a violation of the securities law to the SEC. Somers reported potential securities-law violations to the company and was then fired.

by Amy Howe 2/21/2018 3:13:54 PM
Here is a link to the court's opinion in Digital Realty v. Somers. Theresa Gabaldon will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/16-1276_b0nd.pdf

by Andrew Hamm 2/21/2018 3:14:52 PM
That is apparently the final decision of the day. The justices will hold their private conference on Friday, and we are likely to get orders from that conference on Monday morning at 9:30 am. No way to know yet whether we will get opinions next week, but if we do they would likely be Tuesday and/or Wednesday at 10 am.

by Amy Howe 2/21/2018 3:16:26 PM
Does the Court think it is June? Lots of opinions for February.

by Vseved 2/21/2018 3:16:53 PM
Amy-Andrew, What in the world is going on with Hidalgo v. Arizona? Are they still waiting on Breyer's epic dissent from taking the case?

by Freeman 2/21/2018 3:18:21 PM
Dames & Moore v. Regan must surely win some prize for short turnaround time -- argued on 6/24/81; decided on 7/2/81

by Paul Wolfson 2/21/2018 3:19:29 PM
Amy, was the tone of Judge Thomas' dissent from the denial of cert yesterday in Silvester v. Becerra (the 2A gun case out of California) surprising to you? Some news reports described it as scathing, and a thinly veiled attack on other members of the Court.

by JD for the Win 2/21/2018 3:19:36 PM
First ever Gorsuch and Thomas split, right?

by Shashakiro 2/21/2018 3:19:47 PM
Roberts wins today's prize for being in the majority on every case.

by oxwof 2/21/2018 3:21:25 PM
Have you guys ever explained how big the boxes are? By my count, 4 cases took up 106 pages, and used 3 boxes?

by Saipan 2/21/2018 3:22:06 PM
When will the supreme court schedule oral argument for Hawaii v Trump (the travel ban case)

by al 2/21/2018 3:23:08 PM
A lot of opinions authored by the liberal wing of the court. Does that indicate anything for the remaining cases?

by Jon 2/21/2018 3:24:04 PM
Odd -- Mr Class wanted to bring a Second Amendment challenge to his conviction, but the gun-rights supporters (Alito, Thomas) didn't want him to bring that Second Amendment claim?

by Class v. US 2/21/2018 3:24:08 PM
Now that the Court has gone to electronic filing, has there been any discussion about initially releasing everything in electronic form with no printed copies available?

by Vseved 2/21/2018 3:28:07 PM
@al okay. Do you think the majority of the justices will strike the travel ban down since lower courts have found it unconstitutional?

by al 2/21/2018 3:28:47 PM
Some day the court will bring out ten empty boxes on an opinion day just to mess with us.

by February Fool 2/21/2018 3:29:39 PM
Okay, folks, I am going to get to work on Rubin v. Islamic Republic of Iran. Hope to see you back here soon, and thanks as always for joining us.

by Amy Howe 2/21/2018 3:30:55 PM

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- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- 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.
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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.

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