Live blog of opinions | February 22, 2017
3rd & 7 37yd
3rd & 7 37yd
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The justices returned from their winter recess yesterday, to hear oral arguments in (among others) the cross-border shooting case Hernandez v. Mesa.
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So we are likely to get one or more opinions today, although -- as is almost always the case -- we don't know how many or which ones.
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While we wait, a question - if the justices had walkup music in the style of baseball closers, what songs would they choose?
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"My Way" by Frank Sinatra would be an appropriate choice for Justice Kennedy.
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Any of the October cases looking particularly overdue (i.e. did not look that closely divided)?
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Ginsburg would be mozart's requiem, Thomas would just quiet, Sotomayor would be Katty perrys Roar, -
Something salsa for Sotomayor, and Stuck in the middle with you for Justice Kennedy (as "swing" Justice)
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The Chief Justice's song would be something from one of umpire Joe West's two albums.
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There is just one argument today, in Kindred Nursing Centers v. Clark, an arbitration case, so it's relatively quiet here in the press room.
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Given how many of the Justices were born in New York City, they could use "New York, New York' for at least one of them
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There appear to be two boxes today. For those of you who are new here, the number of boxes is a rough proxy for the number of opinions.
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Here's something I've seen get little play in the legal press: Rachel Lindsay, current contestant on "The Bachelor" and future titular figure on "The Bachelorette," is the daughter of District Judge Sam Lindsay, who sits in the Northern District of Texas.
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Fry v. Napoleon Community Schools, unanimous, by Kagan
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Alito concurs in part and concurs in judgment joined by Thomas
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Here is the opinion in Fry. Amy will have our analysis. www.supremecourt.gov
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Exhaustion under Individuals with disabilities act not necessary when gravamen of suit is something other than denial of IDEA's core guarantee
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Court is sending the case back to the lower court for further proceedings.
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Frys' complaint alleges only disability based discrimination without referring to adequacy of services the school provided, but the court does not "foreclose the possibility that the history of these proceedings might suggest something different."
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We could still get another opinion from Kagan or from another justice.
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Second opinion from Sotomayor, Life Technologies v Promega, also unanimous
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Holding: The supply of a single component of a multi-component invention for a manufacturer abroad does not give rise to liability under Section 271 (F)(1) of the Patent Act, which prohibits the supply from the US of "all or a substantial portion of the components of a patented invention" for combination abroad. Decision in favor of Promega is reversed and remanded because only a single component of the patent invention at issue here was supplied from the US
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Here is the opinion in Life Technologies. John Duffy will have our analysis. www.supremecourt.gov
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Here too we have a very short separate opinion from Alito, joined by Thomas
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Quote from concurrence: "I do not read the opinion to suggest that any number greater than one is sufficient. In other words, today's opinion establishes that more than one component is necessary but does not address how much more."
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Buck v Davis from Chief Justice Roberts. Reversed and remanded, 6-2
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This is the case in which the jury could impose death sentence only if it found Buck was likely to commit acts of violence in future. Defense psychologist testified that Buck was statistically more likely to be violent because he is black
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Here is the opinion in Buck v. Davis. Amy will have our analysis. www.supremecourt.gov
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Roberts says effect of that testimony on his sentencing cannot be dismissed as de minimis
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Buck has demonstrated both that his counsel was ineffective for calling the psychologist and that Buck was entitled to relief under Rule 60b6, which allows court to reopen judgment under extraordinary circumstances
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So Fifth Circuit erred when it denied the certificate of appealability Buck needed to pursue these claims on appeal.
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That's all for today. Thank you very much for joining us!