Scribble

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.

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

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Scribble

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.

Featured Posts

Relist Watch: Looking for the living among the dead – John Elwood

Church challenges COVID-19 stay-at-home order (Updated) – Amy Howe

Court rejects – at least for now – government’s request to block Ohio prisoner release plan – Amy Howe

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Special Features

OT2019 Merits Docket

Voting Breakdown – Argued Cases

Majority Opinion Authorship – Argued Cases

May 2020

Download our Apple or Android App

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award