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Live blog of opinions | June 21, 2018 (with First Mondays)

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.

Mar. 2019

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Conference of March 15, 2019

3rd & 7 37yd

It's after 930. Why aren't the order being live blogged here?

by Andrew 6/21/2018 1:43:09 PM
Now that Scalia is gone, which pair of Justices appear to be the closest friends? When Scalia was on the bench, it seemed like he was in the middle of the two most celebrated pairings - Scalia/Thomas and Scalia/Ginsburg.

by SMC 6/21/2018 1:43:52 PM
How quickly might a case involving child separation at the border make it to the Court?

by David 6/21/2018 1:44:03 PM
Can you post a picture of a box?

by APD 6/21/2018 1:44:08 PM
Which justices hire counter-clerks?

by Bricked It 6/21/2018 1:44:36 PM
Dumb question: What is a counter-clerk?

by AP 6/21/2018 1:45:05 PM
What do you think of term limits on a Chief Justice's tenure? (You know, so we'd have a shot at getting a Kagan Court someday.)

by JS 6/21/2018 1:45:17 PM
Do only site admins have gif posting privileges? I feel like I can't properly express myself without them.

by TrutherVandross 6/21/2018 1:46:52 PM
Where does the principle of one opinion per Justice per sitting come from? Why does the Court adhere to it?

by Kommodore M—. 6/21/2018 1:47:03 PM
Ok, it's time let the grownups take control again. This has been fun!

by Dan Epps 6/21/2018 1:47:38 PM
Okay, I think we're supposed to wrap this up now so that the actual reporters can take over and tell you guys about opinions. Great to be with you, and see you next time!

by Ian Samuel 6/21/2018 1:48:14 PM
This was a lot of fun--thanks everyone, and thanks SCOTUSBlog for having us!

by Leah Litman 6/21/2018 1:48:39 PM
Good morning, everyone! Thanks for joining us, and thanks SO much to the First Mondays crew for joining us again today.

by Amy Howe 6/21/2018 1:49:13 PM
We wait for the Supremes to give meaning to our day. And that's the way it is.

by Walter ConLawKite 6/21/2018 1:49:33 PM
Any guesses on how many decision days they have left? Today then next Monday and Thursday? (Apologies if this has already been asked - just logging in)

by Mason Seitz 6/21/2018 1:49:36 PM
And, as in the past few days, I will say this lovingly: We don't know how many opinions we are going to get, nor do we know which ones.

by Amy Howe 6/21/2018 1:50:42 PM
There are times when journalists indicate that they have a heads up as which decisions will be issued. They're mostly wrong. Which raises a question. Is the Supreme Court the last part of the government that is apparently leak-free?

by Internet Freud 6/21/2018 1:51:38 PM
+1 on a picture of a box

by Adam B 6/21/2018 1:51:42 PM
No boxes yet, for those who are interested. To answer a couple of questions from past live blogs, I would say that three of the boxes used to hold opinions at the PIO are roughly the size, collectively, of one banker's box.

by Amy Howe 6/21/2018 1:51:51 PM
It's great to see First Mondays participating! Love that podcast!

by The Chief 6/21/2018 1:52:40 PM
To answer another question, I am sitting in the press room, which is adjacent to the Public Information Office, where we get the opinions as they are released. It's about a 10-yard trip (if that) from the desk in the PIO where we get the opinions to my desk in the press room. So it doesn't take me very long, although when there are a lot of reporters here it can get a little congested going in and out of the PIO.

by Amy Howe 6/21/2018 1:53:25 PM
Let's pretend I'm a huge SCOTUS nerd and want to come on an opinion day solely to get a printed opinion from the PIO, which I believe any person can do. Do I need to wait in the same lines as other members of the public, or how can I get there?

by oxwof 6/21/2018 1:53:43 PM
Amy answers frequently asked questions in this post:

FAQs: Announcements of orders and opinions - SCOTUSblog
SCOTUSblogThis post — which is an updated version of posts that we have published in earlier terms — addresses some of the questions about orders and opinion announcements that we have commonly received during our live blogs. If you have a question that you don’t see answered here, please feel free to ask it

by Andrew Hamm 6/21/2018 1:54:36 PM
Can you please create a way for us to love or like responses to questions/comments? Because some of your responses are THE BEST and I'd really like to show it!

by Midwest is best 6/21/2018 1:54:37 PM
How many opportunities are left for opinions to be issued? I heard this is the next to last.

by bruceritchie 6/21/2018 1:54:45 PM
Two boxes today. And the five-minute buzzer just sounded. Mark Walsh has already gone up to the courtroom to give us a "view" on the goings-on there today.

by Amy Howe 6/21/2018 1:55:33 PM
Can you tell I'm really excited?

by Amy Howe 6/21/2018 1:55:40 PM
And have also had too much caffeine?

by Amy Howe 6/21/2018 1:55:58 PM
does the chronological order of when the case was heard matter?

by Pennoyer 6/21/2018 1:56:23 PM
Two boxes -- half way to two days of infinite glory.

by Eric Citron 6/21/2018 1:56:38 PM
@AmyHowe Is there ever too much caffeine . . .

by Loretta Kane 6/21/2018 1:57:02 PM
Thanks to Erica Evans for this picture of the court.

by Andrew Hamm 6/21/2018 1:58:10 PM
Okay, going in to wait for opinions now. Back soon!

by Amy Howe 6/21/2018 1:58:13 PM
@bruceritchie So next week is the last week for opinions to be issued? So if a case was argued this year, it will HAVE to come out next week -- right? Thanks.

by bruceritchie 6/21/2018 1:59:43 PM
Gorsuch has the first opinion, in Wisconsin Central v. US. The Seventh Circuit is reversed and remanded.

by Amy Howe 6/21/2018 2:01:42 PM
This case centers on a provision of the Railroad Retirement Act which defines “compensation” (for tax purposes) as “any form of money remuneration paid to an individual for services rendered as an employee.” The question is whether the exercise of stock options falls within the statute’s definition of “compensation.”

by Amy Howe 6/21/2018 2:01:58 PM
Here's the opinion in Wisconsin Central v. US. Daniel Hemel from UChicago Law will have our analysis:

https://www.supremecourt.gov/opinions/17pdf/17-530_6537.pdf

by Andrew Hamm 6/21/2018 2:02:37 PM
Court says that employee stock options are NOT taxable compensation for purposes of the Railroad Retirement Tax Act because they are not "money remuneration."

by Amy Howe 6/21/2018 2:02:39 PM
I think this means big tax refunds for the railroads; not sure that there's a lot of broader significance.

by Amy Howe 6/21/2018 2:02:58 PM
It is 5-4; Breyer dissents, joined by Ginsburg, Sotomayor, and Kagan.

by Amy Howe 6/21/2018 2:03:22 PM
Gorsuch is still reading from his summary of the opinion; I am not sure that there's a whole lot else that I'm going to say about the ruling right now unless Breyer dissents from the bench, which seems unlikely.

by Amy Howe 6/21/2018 2:04:27 PM
I will point out that, under the Court's normal opinion announcement rules, we could get opinions again from Gorsuch or anyone else today. The possibilities are endless!

by Amy Howe 6/21/2018 2:05:03 PM
Interesting to see the RR employer and employee join forces on this issue.

by Sarah Harrington 6/21/2018 2:05:17 PM
We have the next opinion, Lucia v. SEC, from Justice Kagan.

by Amy Howe 6/21/2018 2:06:26 PM
The DC Circuit's decision is reversed and remanded. This is a big deal.

by Amy Howe 6/21/2018 2:06:44 PM

Featured Posts

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case – Joel Goldstein

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law – Christopher Walker

Justices add constitutional question to citizenship case – Amy Howe
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference