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Empirical SCOTUS: The hottest bench in town – Adam Feldman

Argument preview: Justices to consider competency in capital cases – Amy Howe

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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.

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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: The hottest bench in town – Adam Feldman

Argument preview: Justices to consider competency in capital cases – Amy Howe

Argument preview: Justices face nondelegation challenge to federal sex-offender registration law – Mila Sohoni
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On Monday, the justices met for their September 24 conference. We expect orders from this conference on Thursday. The October 2018 term will begin on Monday, October 1. The calendar for the October sitting is available on the court's website.
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- 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.
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  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.
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Six Connecticut judges remember arguments before the U.S. Supreme Court

Six current Connecticut judges argued before the U.S. Supreme Court between 1981 and 1991. Their recollections of those arguments – prepared by Judge Jon Blue of the Connecticut Superior Court for the annual Connecticut Judges Institute – present a portrait of the justices at work in an earlier era. Judge Julia DiCocco Dewey argued before the court […]

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