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.
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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.
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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).
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Newbie here. Would any travel ban decision be considered an opinion or an order? Or neither?
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I was in court yesterday. Surprised when the marshal announced a Friday session for opinions. When was the last one?
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4-4 on Dimaya would leave the underlying issues open, right?
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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.
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How many media representatives are typically present in the press room for an opinion day?
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We have the first opinion. It is Perry v. MSPB, by Ginsburg.
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Ginsburg is joined by Roberts, Kennedy, Breyer, Alito, Sotomayor, and Kagan.
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This was a case involving "mixed" cases -- cases involvingg allegations of both adverse employment actions (e.g., getting fired or demoted) and discrimination.
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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
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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.
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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.
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This means, by the way, we will not hear from Thomas today.
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We have the third and final decision today, in Lee v. United States, per Roberts.
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The vote is 6-2. Joined by Kennedy, Ginsburg, Sotomayor, and Kagan.
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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.
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Back in a second, and then I will try to answer some of your questions.
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Okay, so the court will be back on Monday, and Monday will be the last day.
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Perhaps interestingly, he said that the court will announce all remaining decisions "ready" on that day.
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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.
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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.
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When would Justice Kennedy's rumored retirement be announced? Monday?
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So does this mean we'll have an answer as to whether they'll take Peruta by Monday?
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What are the reasons you believe that Kennedy is not retiring?
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Almost impossible to see AMK retiring with the Wisconsin gerrymandering case on the docket
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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.)
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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.
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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
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Amy: Kagan dissented from the bench in Arizona Free Enterprise Club v. Bennet
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