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Live blog of opinions | June 23, 2016

Live blog of opinions | June 23, 2016

Mar. 2019

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Conference of March 15, 2019

3rd & 7 37yd

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.

by Amy Howe 6/23/2016 1:29:02 PM

Comment ()
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

by Amy Howe 6/23/2016 1:29:55 PM

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Yesterday Amy updated her answers to "frequently asked questions." That post is available here: www.scotusblog.com

by Andrew Hamm 6/23/2016 1:33:37 PM

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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.

by Amy Howe 6/23/2016 1:34:37 PM

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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?

by Is it true that if there is... 6/23/2016 1:34:41 PM

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Good morning from the press room.

by lylden 6/23/2016 1:34:59 PM

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How many opinions are remaining at this time.

by Peggy Nienaber 6/23/2016 1:36:05 PM

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Nice stat pack. As always, fun to look at and informative.

by Leo Weiss 6/23/2016 1:37:19 PM

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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?

by Irvin Z. Martinez 6/23/2016 1:37:52 PM

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What are the chances of the opinions on more than one case from Texas being released today?

by Moises 6/23/2016 1:37:55 PM

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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.

by Jordan 6/23/2016 1:38:38 PM

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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?

by LoveRBG 6/23/2016 1:38:51 PM

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Apologies if this has been covered previously, but what happened to Justice Scalia's clerks after his passing?

by Hurley 6/23/2016 1:39:11 PM

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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?

by GMan 6/23/2016 1:39:22 PM

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Is today opinions only?

by No1LyleFan 6/23/2016 1:39:47 PM

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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.

by Sarah M 6/23/2016 1:39:53 PM

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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?

by Ben 6/23/2016 1:40:06 PM

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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?

by Paul 6/23/2016 1:41:15 PM

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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?

by Savannah 6/23/2016 1:42:02 PM

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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?

by DJ 6/23/2016 1:42:56 PM

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What is the difference between orders and opinions?

by Jimmy 6/23/2016 1:43:03 PM

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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?

by Shashakiro 6/23/2016 1:43:10 PM

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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.

by Bb 6/23/2016 1:46:51 PM

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Here's Lyle with the first opinion.

by Amy Howe 6/23/2016 2:00:45 PM

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Mathis v US

by Amy Howe 6/23/2016 2:00:55 PM

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Justice Kagan has the opinion.

by Amy Howe 6/23/2016 2:01:03 PM

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The Eighth Circuit is reversed.

by Amy Howe 6/23/2016 2:01:08 PM

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There is a concurring opinion by Kennedy and by Thomas.

by Amy Howe 6/23/2016 2:01:16 PM

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There is a dissent from Breyer joined by Ginsburg.

by Amy Howe 6/23/2016 2:01:24 PM

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Also a separate dissent from Alito.

by Amy Howe 6/23/2016 2:01:29 PM

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Evan Lee will have our analysis of the opinion in Mathis v. US. Here is the opinion: www.supremecourt.gov

by Andrew Hamm 6/23/2016 2:02:00 PM

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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.

by Amy Howe 6/23/2016 2:02:10 PM

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Two concurrences in Mathis.

by Amy Howe 6/23/2016 2:02:39 PM

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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?

by Odd Pairings 6/23/2016 2:02:53 PM

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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.

by Amy Howe 6/23/2016 2:03:33 PM

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Kenendy's opinion states his continued belief that Apprendi was wrongly decided.

by Kevin Russell 6/23/2016 2:03:52 PM

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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.

by Amy Howe 6/23/2016 2:04:01 PM

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Where did Roberts fall? With Kagan?

by Browning 6/23/2016 2:04:03 PM

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Justice Kagan is the Keeper of the Categorical Approach; she's written a lot of these cases.

by True 80% 6/23/2016 2:04:09 PM

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Are the dissent's generally read as well?

by CGJ 6/23/2016 2:04:43 PM

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Kagan is the newest, so any other justice may have the next opinion, correct?

by Joe Peltzer 6/23/2016 2:05:20 PM

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Here's Lyle again with the next opinion.

by Amy Howe 6/23/2016 2:05:53 PM

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Drunk driving cases.

by Amy Howe 6/23/2016 2:05:58 PM

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Birchfield v. ND.

by Amy Howe 6/23/2016 2:06:01 PM

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Justice Alito has the opinion.

by Amy Howe 6/23/2016 2:07:01 PM

Comment ()

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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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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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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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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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