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Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

Live blog of opinions | June 23, 2016

Live blog of opinions | June 23, 2016

June 2019

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June 2019

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Conference of June 13, 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

Comment ()
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

Comment ()
Here's Lyle again with the next opinion.

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

Comment ()
Drunk driving cases.

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

Comment ()
Birchfield v. ND.

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

Comment ()
Justice Alito has the opinion.

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

Comment ()

Featured Posts

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe
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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday 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 Monday at 10 a.m.
On Thursday, the justices meet for their June 20 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at 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.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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