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

Featured Posts

Empirical SCOTUS: Getting rid of those amicus blues – Adam Feldman

Kavanaugh on presidential power: Law-review article on investigations of sitting presidents (UPDATED) – Kevin Russell

Kavanaugh and campaign finance: Republican National Committee v. Federal Election Commission – Charles Davis
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The court is now on its summer recess.
Major Cases
- Trump v. Hawaii
  The president has lawfully exercised the broad discretion granted to him under 8 U. S. C. §1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.
- 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
  The state of Illinois’ extraction of agency fees from nonconsenting public-sector employees violates the First Amendment; Abood v. Detroit Bd. of Ed., which concluded otherwise, is overruled.
- Gill v. Whitford
  Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- 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
  The Colorado Civil Rights Commission’s actions in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration violated the free exercise clause.
see all this term’s cases »
Recent Decisions
- Florida v. Georgia Florida has made a legally sufficient showing as to the possibility of fashioning an effective remedial decree equitably apportioning the water from an interstate river basin.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31 The state of Illinois’ extraction of agency fees from nonconsenting public-sector employees violates the First Amendment; Abood v. Detroit Bd. of Ed., which concluded otherwise, is overruled.
- National Institute of Family and Life Advocates v. Becerra Petitioners are likely to succeed on their claim that the California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) violates the First Amendment.
- Trump v. Hawaii The president has lawfully exercised the broad discretion granted to him under 8 U. S. C. §1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.
- Abbott v. Perez The district court disregarded the presumption of legislative good faith and improperly reversed the burden of proof when it required the state to show a lack of discriminatory intent in adopting new districting plans; one of the challenged state house districts is an impermissible racial gerrymander.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 63

Cases decided 63

Summary reversals 11

Merits cases granted to date 63

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Calendar: July 2018
Full Calendar Submit Event

July 2018

Su Mo Tu We Th Fr Sa

1

2

3

4
Holiday

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31
- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple

Su	Mo	Tu	We	Th	Fr	Sa
1	2	3	4 Holiday	5	6	7
8	9	10	11	12	13	14
15	16	17	18	19	20	21
22	23	24	25	26	27	28
29	30	31

Download our App in the Apple Store
First Mondays see all
Videos see all

Nomination of Brett Kavanaugh to the Supreme Court

On Monday, July 9, President Donald Trump nominated Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court.

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.
Webby Award
Awarded the Webby Award for excellence on the internet.

Editor's Note :

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

Empirical SCOTUS: Getting rid of those amicus blues – Adam Feldman

Kavanaugh on presidential power: Law-review article on investigations of sitting presidents (UPDATED) – Kevin Russell

Kavanaugh and campaign finance: Republican National Committee v. Federal Election Commission – Charles Davis

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Calendar: July 2018

Holiday

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Cases argued	63
Cases decided	63
Summary reversals	11
Merits cases granted to date	63