Scribble

Editor's Note :

Scribble

Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood

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

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.

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.

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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

Featured Posts

Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood
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This Week at the Court
The Supreme Court will release orders from the May 23 conference on Tuesday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Tuesday at 10 a.m.
On Thursday, the justices meet for their May 30 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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