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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.

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

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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).

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

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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

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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

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

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

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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.

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

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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

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

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

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The vote is 7-2. Reversed and remanded.

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

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

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

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Gorsuch dissents, joined by Thomas.

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

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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.

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

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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

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

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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.)

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

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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.

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

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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

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

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

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

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann
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- Rucho v. Common Cause
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  (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.
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  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Scribble

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.

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 18, 2019

Major Cases

Recent Special Features

Live Blog Archives

Jan. 2019

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award