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Live blog of opinions | June 22, 2018 (with First Mondays)

We live-blogged as the Supreme Court released opinions in Carpenter v. United States, Currier v. Virginia, Ortiz v. United States and WesternGeco LLC v. ION Geophysical Corp. Guest bloggers from First Mondays joined us from 9 to 9:45 a.m.

3rd & 7 37yd

Let's get this party started! Coming at you live from STL MO. Any St. Louisans in the house?

by Dan Epps 6/22/2018 1:00:22 PM
Good morning, everyone, and welcome back! The Supreme Court will release more opinions at 10:00am today; until then, we'll be live-blogging and taking your questions. I'm Ian Samuel, a lecturer at Harvard Law School (and soon-to-be professor at Indiana University), and co-host of First Mondays.

by Ian Samuel 6/22/2018 1:00:34 PM
So....considering everything this term, how does this sound for a likely lineup? The February seems hardest to predict at this point, as it depends on what the actual decision says.

Roberts - Carpenter
Breyer - Florida
Kagan - Dalmazzi

Janus - Alito, Ginsburg, or Gorsuch
Ohio - Ginsburg, Alito, or Kagan
Currier - Thomas, Kagan, or Ginsburg

Thomas - NIFLA
Roberts - Trump
Thomas - Abbott
Alito - WesternGeco

by Greg 6/22/2018 1:01:00 PM
Just saw that Justice Thomas is meeting with Pence today at lunch. Is that normal? Any chance he's sharing some big news?

by AH 6/22/2018 1:02:32 PM
As a newly subscribe amicus to First Mondays, it's been really cool following the live blog with you guys this week!

by mpgronseth 6/22/2018 1:02:59 PM
How rare is a third opinion day in a week? More to my concern: is SCOTUS being exceptionally slow this term? If so, why? There also seems to be more punting than usual. I’d appreciate it if you could share a hypothesis-explanation.

by Hugo 6/22/2018 1:04:00 PM
Waiting for Carptener, Janus, & the other biggies like…

by Ian Samuel 6/22/2018 1:04:13 PM
Are there just opinions today, or opinions and orders?

by Jay Riestenberg 6/22/2018 1:04:39 PM
If Carpenter is not issued today, what should 4A nerds do this weekend to alleviate their disappointment?

by APD 6/22/2018 1:05:27 PM
Are the potential decisions for Janus as wild as they could be or do you believe it will fall somewhere in the middle? What is most likely to least likely?

by Scott Sternal 6/22/2018 1:06:30 PM
So Dan is punting on the punting question?

by INFINITE GLORY 6/22/2018 1:07:05 PM
Good Morning Blog.

by Eric Citron 6/22/2018 1:08:16 PM
IF we were to get a retirement announcement next week, when would you estimate Trump would announce his nominee?

by ByeSCOTUS 6/22/2018 1:08:19 PM
If the Court adds additional opinion days next week when is the earliest we will know?

by AP 6/22/2018 1:08:32 PM
Interesting article on Slate about Kagan today. Interesting premise is that some of her votes with the conservatives may be to ameliorate what would be harder rulings.

slate.com

by Chris In England 6/22/2018 1:09:34 PM
so... assuming gorsuch does have weird views on janus and is writing for the liberals.... what do you think he'd actually be saying?

by ar 6/22/2018 1:09:43 PM
When do the justices' clerks wrap up their clerkships? Do they hold down the fort while their bosses are touring Europe or are they done in early July too?

by G 6/22/2018 1:11:03 PM
Why do you think they didn't issue an opinion on the Texas gerrymandering case when they did the others on Monday? Do you think they will also punt this one as well?

by TheIntern 6/22/2018 1:11:27 PM
#WaitingForLeah

by cwgivens21 6/22/2018 1:12:20 PM
The Court is holding at least a few third-party doctrine cases for Carpenter. Are those likely to be GVR'd?

by Sally 6/22/2018 1:12:45 PM
My memory from reading this blog is that on the second-to-last day, the Chief usually announces that the term will conclude on the next opinion day, e.g., [We stand adjourned until Monday] at which point we will adjourn for the remainder of [OT 18].

by LegalBySegal 6/22/2018 1:13:10 PM
What are your hours like as a Supreme Court clerk? How much does it vary by chambers?

by Matt 6/22/2018 1:14:00 PM
Also, glad you're sporting the avatar from the start, Ian. You're growing up.

by G 6/22/2018 1:14:04 PM
With so many many cases, shouldn't the justices have more clerks? Is there a limit?

by SwanMan 6/22/2018 1:14:26 PM
Please speculate wildly for me and give me your guesses on number of boxes and opinions today.

by G 6/22/2018 1:15:14 PM
Following the liveblog on opinion days counts as studying in law school, right?

by zobo 6/22/2018 1:15:48 PM
If we don’t get Carpenter today I’m starting a riot.

by Nate Riley 6/22/2018 1:16:18 PM
I'm applying for CLE credits for following the liveblog.

by LegalBySegal 6/22/2018 1:16:34 PM
Which justices work their clerks the hardest?

by guest 6/22/2018 1:16:46 PM
how well, if at all, do you get to know the other justices when you're clerking?

by ar 6/22/2018 1:16:55 PM
Has your mind changed with regards to AMK retirement given Rick Hasen's tweets on Gill?

by Auer 6/22/2018 1:17:14 PM
Bigger deal: Kennedy inviting a challenge to clarify Chevron, or Alito arguing vigorously that it should have been applied?

by AP 6/22/2018 1:18:37 PM
Of what's left, which opinion is each of you most interested in?

by G 6/22/2018 1:19:26 PM
It's true the number of argued cases is manageable or low, but I assumed not being in the cert pool meant more work and maybe having a fifth clerk would be reasonable.

by SwanMan 6/22/2018 1:20:15 PM
You set yourself up for this Q, Dan: which say no? Who are the cranks? Who’s shy?

by Hugo 6/22/2018 1:21:29 PM
Dan and Ian, love you, love the show, keep doing great work. Ian, how are you enjoying Hoosier life (assuming you are there)? I'll hang up and listen for my answer. Thanks!

by Phil 6/22/2018 1:22:27 PM
Just a reminder: we don't know what opinions are coming today. All we can do is speculate. We're just as eager as all of you to find out at 10AM Eastern!

by Dan Epps 6/22/2018 1:22:46 PM
can you explain what the 'cert pool' is?

by Chris In England 6/22/2018 1:22:48 PM
If we don't get all the opinions by next Monday, I'm starting a riot

by Jos Malig-on 6/22/2018 1:23:11 PM
Who got to keep the Souter note?

by EKNY 6/22/2018 1:23:28 PM
Is it common for opinions to come out on Friday? I'm an intern and have been assigned to track the opinions as they come out, and had only been following the blog on Mondays! Hope I didn't miss anything ...

by AG 6/22/2018 1:25:04 PM
Totally a not legal Q - how big is the back-house non-legal staff of SCOTUS? Big? Small? Pretty distinct from the legal staff?

by Ben F 6/22/2018 1:25:59 PM
Back to Gill, earlier this week. It seems to me that Chief Justice Roberts fatally wounded the "efficiency gap", but no one has noticed yet...

Consider that the "efficiency gap" ("EG") does not work for single districts. (For example, a very competitive district with a split of 51% party A and 49% party B would have an off the charts high EG of 48%, whereas a grotesquely packed district of 75% party A and 25% party B would have an ideal EG of 0%, which is the opposite of how the EG has been advertised...)

Any thoughts?

by kramartini 6/22/2018 1:26:14 PM
I've seen a lot of prognostication that puts Thomas as the one writing Abbott. What do y'all think is the chance that the court rules for Perez?

by AntCon 6/22/2018 1:26:26 PM
Where do each of you tend to fall on the political spectrum? More liberal, more conservative?

by Chris in TX 6/22/2018 1:27:17 PM

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Scribble

Live blog of opinions | June 22, 2018 (with First Mondays)

We live-blogged as the Supreme Court released opinions in Carpenter v. United States, Currier v. Virginia, Ortiz v. United States and WesternGeco LLC v. ION Geophysical Corp. Guest bloggers from First Mondays joined us from 9 to 9:45 a.m.

Featured Posts

Empirical SCOTUS: Getting rid of those amicus blues – Adam Feldman

Kavanaugh on presidential power: Law-review article on investigations of sitting presidents (UPDATED) – Kevin Russell

Kavanaugh and campaign finance: Republican National Committee v. Federal Election Commission – Charles Davis

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Calendar: July 2018

Holiday

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Cases argued	63
Cases decided	63
Summary reversals	11
Merits cases granted to date	63