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Scribble

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

Live blog of opinions | June 23, 2017

Live blog of opinions | June 23, 2017

This live blog features discussion of the Supreme Court's opinions in Perry v. Merit Systems Protection Board, Murr v. Wisconsin and Lee v. United States.

This live blog features discussion of the Supreme Court's opinions in Perry v. Merit Systems Protection Board, Murr v. Wisconsin and Lee v. United States.

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Conference of May 23, 2019

3rd & 7 37yd

If the Dimaya case is released on Monday, it will fall on the 2nd anniversary of the Johnson opinion. Both deal with the residual clause. What a coincidence.

by alex 6/23/2017 1:39:34 PM

Comment ()
It is looking more likely that Jennings v. Rodriguez (bond for immigrant detainees) and Sessions v. Dimaya (immigration residual clause) are the two most probable 4-4 decisions (if there are any).

by alex 6/23/2017 1:54:39 PM

Comment ()
Newbie here. Would any travel ban decision be considered an opinion or an order? Or neither?

by Ellie 6/23/2017 1:54:57 PM

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Five minute buzzer just sounded.

by Amy Howe 6/23/2017 1:55:09 PM

Comment ()
Two boxes.

by Amy Howe 6/23/2017 1:55:16 PM

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I was in court yesterday. Surprised when the marshal announced a Friday session for opinions. When was the last one?

by Paul Lynd 6/23/2017 1:55:30 PM

Comment ()
4-4 on Dimaya would leave the underlying issues open, right?

by Gene 6/23/2017 1:55:58 PM

Comment ()
Sorry -- I am using this software for the first time (switching over from an earlier version) and apparently haven't gotten the comment stuff down.

by Amy Howe 6/23/2017 1:57:28 PM

Comment ()
How many media representatives are typically present in the press room for an opinion day?

by Tammy Cravit 6/23/2017 1:58:14 PM

Comment ()
We have the first opinion. It is Perry v. MSPB, by Ginsburg.

by Amy Howe 6/23/2017 2:02:09 PM

Comment ()
The vote is 7-2. Reversed and remanded.

by Amy Howe 6/23/2017 2:02:25 PM

Comment ()
Ginsburg is joined by Roberts, Kennedy, Breyer, Alito, Sotomayor, and Kagan.

by Amy Howe 6/23/2017 2:02:42 PM

Comment ()
Gorsuch dissents, joined by Thomas.

by Amy Howe 6/23/2017 2:02:47 PM

Comment ()
This was a case involving "mixed" cases -- cases involvingg allegations of both adverse employment actions (e.g., getting fired or demoted) and discrimination.

by Amy Howe 6/23/2017 2:03:14 PM

Comment ()
Howard Wasserman will have our analysis of the decision in Perry v. Merit Systems Protection Board. Here is a link to the opinion: www.supremecourt.gov

by Andrew Hamm 6/23/2017 2:03:45 PM

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The court holds that, when the MSPB dismisses a "mixed" case on jurisdictional grounds, that decision should be reviewed in district court.

by Amy Howe 6/23/2017 2:03:51 PM

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It has been a good couple of days for Chris Landau at Kirkland and Ellis, who had a win in Maslenjak yesterday and wins Perry today.

by Amy Howe 6/23/2017 2:04:33 PM

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Gorsuch's first dissent!

by Shashakiro 6/23/2017 2:04:36 PM

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This means, by the way, we will not hear from Thomas today.

by Amy Howe 6/23/2017 2:12:08 PM

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We have the third and final decision today, in Lee v. United States, per Roberts.

by Amy Howe 6/23/2017 2:12:43 PM

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The vote is 6-2. Joined by Kennedy, Ginsburg, Sotomayor, and Kagan.

by Amy Howe 6/23/2017 2:13:00 PM

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Thomas dissents, joined by Alito.

by Amy Howe 6/23/2017 2:13:05 PM

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The decision is reversed and remanded.

by Amy Howe 6/23/2017 2:13:16 PM

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This was a case in which a longtime resident of the US, who was not a citizen, was charged with possessing ecstasy with intent to distribute. His lawyer urged him to plead guilty because he would not be deported, and would receive a shorter sentence. HIs attorney was wrong.

by Amy Howe 6/23/2017 2:14:09 PM

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I will have more on this decision later today.

by Amy Howe 6/23/2017 2:17:08 PM

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Back in a second, and then I will try to answer some of your questions.

by Amy Howe 6/23/2017 2:17:25 PM

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Okay, so the court will be back on Monday, and Monday will be the last day.

by Amy Howe 6/23/2017 2:19:29 PM

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Perhaps interestingly, he said that the court will announce all remaining decisions "ready" on that day.

by Amy Howe 6/23/2017 2:19:52 PM

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The December (Jennings v. Rodriguez), January (Sessions v. Dimaya), and February (Hernandez v. Mesa) increasingly appear to be heading to 4-4 decisions.

by alex 6/23/2017 2:20:11 PM

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There is some discussion in the press room to the effect that the Chief Justice always uses that language, so I may be reading too much into it.

by Amy Howe 6/23/2017 2:21:10 PM

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In Lee v. US, you left out Breyer from the lineup?

by Stats! 6/23/2017 2:21:16 PM

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Do you think "Trinity Lutheran" will be ready?

by Tim 6/23/2017 2:21:30 PM

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When would Justice Kennedy's rumored retirement be announced? Monday?

by matt 6/23/2017 2:29:09 PM

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So does this mean we'll have an answer as to whether they'll take Peruta by Monday?

by Ben 6/23/2017 2:33:13 PM

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What are the reasons you believe that Kennedy is not retiring?

by SCOTUSFAN 6/23/2017 2:34:55 PM

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Almost impossible to see AMK retiring with the Wisconsin gerrymandering case on the docket

by Mark 6/23/2017 2:40:51 PM

Comment ()
Mark Walsh will have more on the dynamics of the courtroom today. But apparently neither Justice Thomas nor Justice Alito was in the courtroom today, which might help to explain why we didn't hear from them. (And, yes, I know that the Chief Justice sometimes announces an opinion if the author is not present, but if they are going to be here on Monday it might make more sense to just wait.)

by Amy Howe 6/23/2017 2:48:37 PM

Comment ()
Amy: do you think it's possible that Thomas was originally assigned a majority opinion in Dimaya, but that a justice later shifted positions and deadlocked the Court? I guess it just strikes me as odd that this opinion is taking so long: the outcome was a bit difficult to predict from argument, but the legal issues themselves don't seem extraordinarily complex and requiring lengthy exposition.

by Tom H 6/23/2017 2:49:07 PM

Comment ()
hello, is there any way I can listen to Breyer's recent dissent that he read from the bench in the Maslenjak case. Is there a link or something, I have not been able to find it. Thanks

by charles W 6/23/2017 2:49:54 PM

Comment ()
Amy: Kagan dissented from the bench in Arizona Free Enterprise Club v. Bennet

by Shashakiro 6/23/2017 2:51:31 PM

Comment ()

Featured Posts

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 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.

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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.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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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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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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