Live blog of opinions | June 20, 2019
We live-blogged as the Supreme Court released opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network v. Carlton & Harris Chiropractic. SCOTUSblog is sponsored by Casetext: A more intelligent way to search the law.
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Thank you to everyone for all the questions! In addition to the live blogs, next week we are able to offer another opportunity for question and answer -- a webinar featuring Tom Goldstein and Sarah Harrington. Here's the link. Tweet questions in advance or live to @Casetext): https://info.casetext.com/supreme-court-review-registration/
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I've noticed that some cert petitions have a very dry, brief, down-the-middle "question presented" while others' are longer and frame the question in a light more favorable to their side. Have you noticed a trend where one type or the other is more likely to be granted?
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I'm pretty sure the long-form QPs are in response to a suggestion of Antonin Scalia and Bryan Garner's in their book "making your case" . I always dislike them though, especially the argumentative ones. I take great joy when they are rephrased as in Bostok, the transgender case next term.
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I've seen a stat that shows Justice Gorsuch has been in the majority 76% of the time so far this term. By comparison, Kavanaugh has been in the majority 91% of the time.
His dissent in the Gamble case is one example of that.
Makes me wonder if this is due to the fact that he had clerked for AMK, who also crossed the ideological divide many times during his time on the Court. -
Here's a link to the opinion in Gundy v. US. Mila Sohoni will have our analysis:
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Alito deprives the Court of a majority for these reasons:
If a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort. But because a majority is not willing to do that, it would be freakish to single out the provision at issue here for special treatment.
Because I cannot say that the statute lacks a discern- able standard that is adequate under the approach this Court has taken for many years, I vote to affirm.
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