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Live blog of opinions | February 27, 2018

Live blog of opinions | February 27, 2018

This live blog features discussion of the three cases decided on this day: Merit Management Group v. FTI Consulting Inc., Jennings v. Rodriguez, Patchak v. Zinke.

This live blog features discussion of the three cases decided on this day: Merit Management Group v. FTI Consulting Inc., Jennings v. Rodriguez, Patchak v. Zinke.

Mar. 2019

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3rd & 7 37yd

The D.C. Circuit is affirmed.

by Amy Howe 2/27/2018 3:16:15 PM
Thomas has the judgment of the court, joined by Breyer, Alito, and Kagan.

by Amy Howe 2/27/2018 3:16:29 PM
This means that there is no majority opinion.

by Amy Howe 2/27/2018 3:16:59 PM
The opinion in Patchak v. Zinke is available on the Supreme Court's website at this link. Ronald Mann will have our analysis.
https://www.supremecourt.gov/opinions/17pdf/16-498_l5gm.pdf

by Andrew Hamm 2/27/2018 3:17:20 PM
Breyer files a concurring opinion, Ginsburg concurs in the judgment, joined by Sotomayor. And Sotomayor has her own opinion concurring in the judgment. Roberts dissents, joined by Kennedy and Gorsuch. I am now headed up for Microsoft. Thanks for joining us!

by Amy Howe 2/27/2018 3:17:52 PM
I am reading, but away from my computer right now. I also looked at the relationship between boxes to total opinion pages as well. Obviously there is a strong one, but it’s also not perfect - some days with more total pages had fewer boxes. Will try to find the data in time for the next live blog.

by Beaufort 2/27/2018 3:20:34 PM
I mooted one of the parties in Patchak, but now I frankly can't remember which side it was or exactly what the convoluted arguments in this case were. But I think the majority basically has it right. What happened here is that, while a case was still pending, Congress passed a law that essentially said how it wanted the case to come out. And because the case was still pending, that doesn't amount to Congress trying to revise a judicial opinion, just making new law, so that makes it kosher under Article III.

by Eric Citron 2/27/2018 3:20:56 PM
on mornings like this, do the justices leave the bench before starting to hear the scheduled case, or do they stay (and chat) until the appointed time?

by martin 2/27/2018 3:22:05 PM
They are on the bench, listening to their colleagues read the opinions

by Eric Citron 2/27/2018 3:22:18 PM
Solid:
Your comment "To be fair, this footnote was substantive -- this was not Scalia refusing to join a footnote just because it mentioned leg. history." is much more funny if you remove the period after "leg".

-Pedro

by Eric Citron 2/27/2018 3:23:00 PM
What does your crystal ball say about timing of Oil States LLC decision?

by Wherepatentsgotodie 2/27/2018 3:24:13 PM
by Eric Citron 2/27/2018 3:24:22 PM
by Eric Citron 2/27/2018 3:26:06 PM
I'm headed to NPR to talk to Joshua Johnson of 1A this morning so sadly can't stay to answer questions. See you on the next "likely" opinion day.

by Eric Citron 2/27/2018 3:27:43 PM
Hi, what is the next step in the American Express case yesterday? Will there be another round of arguments before a decision?

by unknown 2/27/2018 3:28:45 PM
Scotus used the same "expeditiously" language in US v Clinton. Josh Blackman flagged yesterday twitter.com

by benedict 2/27/2018 3:29:50 PM
We are not expecting opinions tomorrow, correct?

by Josh 2/27/2018 3:32:36 PM
When does the court share opinions on the Janus case?

by Union guy 2/27/2018 3:33:47 PM
Hi all -- we're going to close down the live blog for today. Thanks to everyone for joining us and we'll be back the next time the court releases opinions in argued cases.

by Andrew Hamm 2/27/2018 3:34:45 PM

Featured Posts

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case – Joel Goldstein

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law – Christopher Walker

Justices add constitutional question to citizenship case – Amy Howe
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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.
see all this term’s cases »
Recent Decisions
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference