Live blog of opinions | June 21, 2018 (with First Mondays)
We live-blogged as the Supreme Court released opinions in argued cases. The justices decided Lucia v. Securities and Exchange Commission, South Dakota v. Wayfair Inc., Pereira v. Sessions and Wisconsin Central Ltd. v. United States. Guest bloggers Dan Epps, Ian Samuel and Leah Litman of First Mondays live-blogged from 9 to 9:45 a.m.
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How do justices (assuming that's who decides) when opinions are released? Were y'all, as clerks, ever involved in that process? Do the justices give any consideration to media, or spreading out noteworthy opinions, or anything else besides when individual opinions are complete?
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Just a reminder to people in the live chat, several of whom have asked (& will ask) this question: we don't know what decisions are coming down on a particular day. There's very literally no way to know. No one was expecting Gill & Benisek, the partisan gerrymandering cases, on Monday. So the answer to "will we get X today?" is "maybe!"
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So, if an opinion is going round and round from justice to justice as it's being written, who gets the last word? Some opinions in recent years have been very pointed in criticizing the other opinion (of either the majority or minority, depending). Do we know if justices are sticking in zingers back and forth for weeks? Who gets the last word?
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Welcome again, Dan, Ian, and now Leah! Again, I'll say, at the risk of inflating already inflated egos, First Mondays is the best podcast out there. But we need more Leah Litman, and more habeas discussions. Especially, I'd ask for a more detailed dive, maybe during the slow summer months, on the state of qualified immunity. Great episode for Leah & Will Baude to lead.
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mostly for ian-you seem to have a lot of respect for the institution of the court and think (at least most of) the justices are intellectually honest, especially scalia even though you disagreed with him all the time, i'm sure. you also seem very happy to blow up the whole system if given the opportunity. how do you think about those two things?
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