Good morning, everyone! Welcome to our live blog. We are expecting one or more opinions in argued cases at 10 am today.
As always, we don't know in advance which opinions we will get. Yesterday's two decisions were from November (Jesinoski v. Countrywide Home Loans) and -- somewhat unexpectedly -- December (Whitfield v. United States). Then again, the two opinions combined were ten pages long, so easier to get out quickly.
Many thanks to Eric Citron for pitching in yesterday with the live blog. I was down at the Court for oral arguments.
Good morning from the Court's press room (where my computer wants to jump ahead of me).
We have about ten minutes before we will hear about the first opinions from Lyle Denniston, our reporter in the press room at the Court -- who has just joined us. He will relay them to us as they are announced. No word from Lyle yet on the number of boxes -- which, for those of you who may be new here, helps to give us a rough sense of how many opinions we might expect today.
The Court has issued opinions from four of the October cases; only one November case; and one December case.
To respond to another question, it's really too soon to figure out who might be writing which opinions for October and November -- still too many outstanding.
One box of opinions. Probably means just a couple.
First opinion is in T-Mobile South v. Roswell.
The decision is by Justice Sotomayor.
The Eleventh Circuit is reversed.
The Court holds that the federal law section at issue requires localities to provide reasons when they deny applications to build cell phone towers.
The vote on the result is 6-3. The Chief dissents, joined in full by Ginsburg and in part by Thomas, who also has a separate dissenting opinion.
Justice Alito has a concurring opinion.
Alito has also joined in the Sotomayor opinion.
There will be more opinions, according to Lyle.
As many of our regulars know, the Justices announce opinions in reverse seniority, so an opinion from Sotomayor means no opinion from Justice Kagan today.
The second and last opinion is Jennings v. Stephens.
The decision of the Fifth Circuit is reversed and remanded. The opinion is by Scalia.
The vote is 6-3 again. Justice Thomas dissents, joined by Kennedy and Alito.
This is a complicated opinion because it is a federal habeas case. (Enough said.)
The habeas petitioner had sought habeas relief on three theories of ineffective assistance of counsel and prevailed on two in the lower courts.
The issue before the Court was whether Jennings could defend against the state's appeal on the theory that the district court had rejected without a cross-appeal. The Court ruled today that he was not required to take a cross-appeal or seek a certificate of appealability to argue that point on appeal.
And there you have it, Court fans.
We do not know when the next day for opinions will be. We will have that information later in the week, but presumably it would not be until next week at the earliest. Definitely no opinions scheduled for tomorrow.
Okay, that's all we have for today. Thanks for joining us!