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.
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Good morning. I've read this blog for several years and have a much more general question about the practice of the Court. Does a Justice have sick and vacation days like you or I might at our place of business, or do they pretty much make their own schedules aside from conference and argument days? I struggle to picture a Justice asking for a PTO day.
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I remember EmpiricalSCOTUS did a piece a few months ago about odd voting patterns among the justices in an attempt to parse what subject matters traditionally "liberal" or "conservative" justices had atypical views on. I remember one of their conclusions was that Justice Ginsburg had frequently sided with the conservatives on multiple cases involving local and state taxation. I'm glad to see the data was borne out in Wayfair yesterday.
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why do you think journalists are always trying to ascribe some three-dimensional chess motive to the way people vote (a la slate and kagan)... what about... way more often than not, people are voting the wya they think the law requires them to vote, even if that puts them with people they often disagree with.
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@Peter you might also be interested in Tom Goldstein’s minute-by-minute account of opinion day in the 2012 Obamacare case: www.scotusblog.com
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Okay, everyone, I think Dan and I are meant to yield things to the real reporters now. Thanks to the SCOTUSblog folks for having us. If you've enjoyed our riffing, you can get more of it every week on our podcast about the Supreme Court, First Mondays. And you can get bonus episodes on our Patreon—the intro video, at minimum, contains plenty of Leah and our producer Melody, so check it out.
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When I was in law school we had a chance to meet with Justice Thomas. We met in the lawyer's waiting area and were warned by our professor to "not expect much" as the Justices were busy and there was no guarantee we'd get much time with him. He then proceeded to sit with us in the SG's conference room (not sure of the name), gave us a tour of the Court, and continued speaking with us so long it made us late to our next engagement. I appreciated him taking so much time to speak with us, but it surprised me to see he spoke so much as someone who is known to say so little.
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I half articulated the point yesterday, but I think Alito's vote in Wayfair may suggest that he has the opinion in Janus. It's been his issue for a while, and I think that it would be awkward to write that opinion while also joining the chief's stare decisis dissent in Wayfair. At the same time, the Chief wrote that stare decisis dissent and would be necessary to a Janus majority. Will be interesting to see how that unfolds.
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