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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.

Mar. 2019

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Conference of March 15, 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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

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

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

Comment ()
Thomas dissents, joined by Alito.

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

Comment ()
The decision is reversed and remanded.

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

Comment ()
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

Comment ()
I will have more on this decision later today.

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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

Comment ()
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

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

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

Comment ()
Do you think "Trinity Lutheran" will be ready?

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

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

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

Comment ()
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

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

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

Comment ()
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

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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Justice Sotomayor and Eva Longoria Bastón

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 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.
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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 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	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