Live blog of opinions | June 23, 2016
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Good morning, everyone! Welcome to our live blog. We expect opinions at 10 am; as is almost always the case, we don't know which ones or how many.
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Having said that, though, the field of cases has narrowed significantly, and we are now waiting on just eight more opinions. I summarized them briefly in Plain English on the blog last night; the link is here: www.scotusblog.com
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Yesterday Amy updated her answers to "frequently asked questions." That post is available here: www.scotusblog.com
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For those of you who want the really short version of what's left: tribal-court jurisdiction, affirmative action, DUI tests without a warrant, the interpretation of a federal law prohibiting possession of firearms by individuals convicted of domestic violence, abortion, Bob McDonnell, immigration, and issues relating to considering prior state convictions for purposes of mandatory minimums and removal under immigration law.
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Is it true that if there is an opinion in whole woman's health, then it will be written by Kagan or Breyer (which is a good sign for the plaintiffs)? Could the court punt on an opinion even at this late stage?
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Nice stat pack. As always, fun to look at and informative.
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Regarding Fisher, should the Court's ruling be the final word on this case or is there a chance it might punt it back to the lower courts using some other basis?
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What are the chances of the opinions on more than one case from Texas being released today?
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USA Today reported that Donald Verrilli will be on vacation in Italy on Monday. Assuming that we are still expecting opinions on major cases, are we thinking he'll be glued to the news Monday morning (perhaps joining us here) or that he'll be in full vacation mode (for those whose definition of that is being "disconnected")? Just some silly musing from my brain.
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Kagan has authored an opinion for every month except Feb. So if she has WWH then it should be the first opinion released today as she's the most junior, correct?
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Apologies if this has been covered previously, but what happened to Justice Scalia's clerks after his passing?
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If the court reaches a 4 member majority, like in Fisher, does it hold the precedent weight of a 5 member majority opinion, or is it similar to when the court reaches a 4 vote plurality?
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Out of curiosity, how many decisions have split 4-4 since February and how many have been binding? I was wondering if there was a trend.
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Any hope for the "liberal" side of the Fisher case (based on oral argument, other indications), given that Kagan is not participating?
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How does the Court handle Scalia's participation in cases prior to his death? Does his vote still factor in on those cases?
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It's been six and a half months since the Dollar General oral argument; what is the record for longest time between argument and issuing of an opinion?
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For the Birchfield v. North Dakota, do you personally think, based on oral arguments, that there will be a majority? Or do you think there is a possibility that it locks at 4-4 and they order re-argument?
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Does the Court generally also try to balance majority assignments throughout the term, too? So that Ginsburg and Kennedy, at 8 each, are unlikely to have any more majority opinions?
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Any idea why affirmative action has gotten so much of the Court's attention recently? They've heard 3 cases in the last 4 terms: Fisher 1, Schuette, Fisher 2.
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Evan Lee will have our analysis of the opinion in Mathis v. US. Here is the opinion: www.supremecourt.gov
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Holding: Becasue the elements of Iowa's burglary law are broader than those of generic burglary, Mathis's prior convictions cannot give rise to the Armed Career Criminal Act's sentence enhancement.
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Ok well Kagan, Kennedy and Thomas on one side with Alito, Breyer and Ginsburg on the other - is that an odd makeup to anyone else?
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So for those of you wondering what is happening now, Kagan is presumably reading her summary of the decision from the bench. We won't get the next opinion until she has finished.
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Kenendy's opinion states his continued belief that Apprendi was wrongly decided.
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And because the Justices issue their decisions in order of reverse seniority, we could hear from Kagan or any other Justice today.
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Justice Kagan is the Keeper of the Categorical Approach; she's written a lot of these cases.
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Kagan is the newest, so any other justice may have the next opinion, correct?
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