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Live blog of opinions | June 25, 2015

June 2018

3rd & 7 37yd

How exactly does the amazing Lyle provide information? Does he have to leave the press room? Or is he able to use technology?

by Christopher 6/25/2015 1:27:11 PM

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Given that the president is speaking at the Pinckney funeral Friday, would they perhaps wait until Monday to issue their final decisions?

by Jim 6/25/2015 1:29:59 PM

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Why aren't people more concerned with Glossip v Gross? Will it have a large impact on capital punishment in the US?

by Dimitor 6/25/2015 1:30:27 PM

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Do the justice vote on opinions immediately after oral argument? can they change their minds after opinions are written?

by John Harding 6/25/2015 1:30:28 PM

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If, for whatever reason, a justice was absent for/was not allowed to vote on a case and the vote came to a 4-4, what would happen? Has this ever happened?

by Guest 6/25/2015 1:30:32 PM

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In the Kimble v Marvel Enterprises opinion, Justice Kagan quotes a 1962 comic book, the first appearance of Spider-Man. Is this the first time a Supreme Court opinion has referenced a comic book?

by Icarus27k 6/25/2015 1:31:14 PM

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In the unlikely event the court rules against gay marriage, would my "gay" marriage in Maryland void my Federal benefits?

by Mike 6/25/2015 1:31:28 PM

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If the ruling is not favorable to the Administration, can Obama simply ignore it and act independently as he did with immigration and Congress?

by John Deaux 6/25/2015 1:32:19 PM

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Do we know if any SSM proponents are inside courtroom?

by Adam 6/25/2015 1:32:35 PM

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How likely are we to see a decision today?

by Joey Marrone 6/25/2015 1:32:56 PM

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Is it essentially true that the outcome of each case is decided at the end-of-week conference right after arguments? Are the majority and dissent writers selected at that time?

by Ross Twele 6/25/2015 1:33:04 PM

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What're the chances that someone could--and what's the process to--get a copy of an opinion at the court for a case like Obergefell? Does the public have to compete with the press for those?

by lawstudent 6/25/2015 1:33:45 PM

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In NFIB v. Sebelius, the tax power argument seemed to surprise a lot of observers. Much media coverage (not yours!) presents many of the outstanding cases as black or white. Which of the current cases, if any, has the possibility of being decided on a "below the radar" justification?

by JG 6/25/2015 1:33:48 PM

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I have $20 that Scalia is the author of the opinion granting same sex marriage rights to all Americans. Am I going to lose my lunch money?

by holla bb17 6/25/2015 1:34:22 PM

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Does the Scotusblog staff discuss the cases and their preferred outcomes for the cases? For example, Burwell and Orbegefell

by Will Johnson 6/25/2015 1:34:37 PM

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Following up on Kevin Russell's response, what are the current odds for DC being hit by a meteor?

by Riyan 6/25/2015 1:34:53 PM

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If the court rules in favor of SSM, will states with marriage bans for same sex couples be able to continue enforcing said bans?

by Isobel 6/25/2015 1:35:38 PM

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Do you believe that the Court's refusal to stay the decision of the Alabama federal court regarding a ban on SSM is essentially the Court showing its hand as to Obergefell?

by TaxNerd 6/25/2015 1:36:12 PM

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Good afternoon from Paris (and hi to those listening to me at NSA, too)

by Randy in Paris 6/25/2015 1:36:35 PM

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Could the Court issue an order removing the confederate flag from the SC statehouse? If so, how?

by olekinderhook 6/25/2015 1:36:37 PM

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Any estimate of the size of the crowd outside the court? Are there more SSM or anti SSM supporters or about the same size crowds?

by Tony C. 6/25/2015 1:37:02 PM

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Do the justices lobby each other to change votes outside of formal conferences? Is a potential "swing" vote like Kennedy able to count on not having to buy his own lunch for a while if there's a sense his vote may still be "in play" before a decision is issued?

by Bill Murphy 6/25/2015 1:37:10 PM

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Are we expecting any orders today?

by Jason 6/25/2015 1:37:57 PM

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Wow, this is so much fun!

by Joseph Vitale 6/25/2015 1:38:28 PM

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Just how closely do the Justices work together generally, anyway? And do we know how formal/informal they are with each other? (Basically are they like normal people working in an office together, but with more black robes?)

by Drone 6/25/2015 1:39:04 PM

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Is it true that the justices only deliver hand-written notes to each other?

by Daniel 6/25/2015 1:39:18 PM

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I wonder if conservatives get the same enjoyment out of reading Kagan's opinions as liberals (like me) do in reading Scalia's. Sure, I don't agree with the response much of the time, but the reasoning is couched in such entertaining language. (And when you do agree, it's even better.)

by David Souter's Lunar Rover 6/25/2015 1:40:36 PM

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We've had two or three questions about whether there are or will be cameras in the courtroom. There are not, and we are not aware of any plan to change that any time soon. I think the Justices generally believe that things are working well the way they are, and would prefer to keep it that way. I would love for them to change their mind about this . . . although I suppose it's probably not in the LiveBlog's interest.

by Tejinder 6/25/2015 1:41:03 PM

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The opinion boxes have not come out yet. Stand by.

by lylden 6/25/2015 1:45:01 PM

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Any chance of the Court issuing a ruling today in Batman v. Superman?

by Therealrjl 6/25/2015 1:45:14 PM

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That illustration of Justice Kagan and Spider-Man on the front page is great.

by s 6/25/2015 1:45:45 PM

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What is the difference between an opinion and an order?

by Aimée Easton 6/25/2015 1:45:50 PM

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I'm watching Friedrichs v. California Teachers Association. It is listed as "Distributed for Conference" as of today. What does that mean?

by jjjohn 6/25/2015 1:46:21 PM

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Do the opinions ever get leaked early? Does the WH ever get a heads up?

by Todd 6/25/2015 1:47:03 PM

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Concurrences with a separate legal reasoning are not binding, correct? Is it just the justice's way of laying out their own argument?

by Bondosan 6/25/2015 1:47:07 PM

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Is there anywhere to watch this live online?

by Interested person 6/25/2015 1:47:30 PM

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If Obergefell is ruled in favour of the respondents, will that overturn other courts' decisions that did away with states' bans on same-sex marriage?

by Connie 6/25/2015 1:47:44 PM

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Do the justices ever have interactions outside of the court like pool parties and happy hours?

by Jon 6/25/2015 1:47:48 PM

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Even if the Court prefer the status quo of no cameras, couldn't Congress pass a law forcing it to allow them?

by Joshcow 6/25/2015 1:49:09 PM

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What is the blog count now?

by Steve 6/25/2015 1:49:25 PM

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Can President Obama be nominated to be on the supreme court after he is done?

by KLC 6/25/2015 1:49:25 PM

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What do the clerks do during the summer recess? Go on vacation or continue working on cert memos?

by Publius 6/25/2015 1:50:17 PM

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Will there be any comic book citations or funny zingers from Scalia when the court decides that states can execute death row inmates by injecting untested chemicals into them?

by Anonymous 6/25/2015 1:50:40 PM

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Yes he can, see William Howard Taft

by Val 6/25/2015 1:50:45 PM

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Why doesn't SCOTUSBlog link to the opinions in the pages for the cases? The history of actions on cases is great, but it's missing the most important document (the actual opinion).

by Joseph 6/25/2015 1:51:04 PM

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Featured Posts

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin
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This Week at the Court
On Monday the Supreme Court will release orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.).
This post will be updated on Monday to reflect any additional non-argument sessions the justices may schedule.
Major Cases
- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
see all this term’s cases »
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
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Justice Thomas gives commencement address

On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.

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