Live blog of opinions | June 26, 2015
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Why do I hear Europe's The Final Countdown playing in the background?
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We're delighted to be here for the third day this week. As we get closer and closer to the end of the Term, the atmosphere around the Court gets even more hectic.
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When deciding exactly what day to issue decisions does SCOTUS consider what else is going on at that time? In other words, since the funerals are in Charleston today, might they wait till Monday to issue the gay marriage ruling since it would take attention from that or is stuff like that not a factor?
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If you need some reading material for the next fifty minutes, I recommend Kedar's updated stat-pack.
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Jim Obergefell is indeed here today again, as well dressed as always.
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Amy - After your comments about upholding the Ninth Circuit the other day, I got curious and did some reading, so now I know the Ninth Circuit is seen as more liberal, and thus more likely to be overturned by the more conservative SCOTUS. But are there certain patterns in reasoning that SCOTUS consistently disagrees with in their rulings and if so, why hasn't the Ninth Circuit 'learned from its mistakes', as it were? Thanks as always for your insight!
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Hello from the Court press room. Smaller crowd of reporters today. Do they know something?
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What does the crowd (if any) look like around and in the building?
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We had 1.15 million hits on the blog yesterday; if you were one of those hits, thanks so much for joining us, and I hope it was helpful. But I promise we won't get too big for our britches; remembering that 1.15 million hits is still 9 million fewer than Dan Bilzerian has Instagram followers will keep us humble.
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Who decides when to release each opinion? Does the CJ decide, or is it whoever wrote the majority?
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Looks bad for the EPA based on that stat sheet. Don't think Scalia is going to be the EPA's friend.
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Amy, what are your thoughts on SCOTUS adding the additional days for decisions? Historically is this a "signal" or hold any kind of significance?
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Would you please remind us what cases are outstanding OTHER than the SSM case?
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Morning. I read this morning that there's something on the docket about the request for EBG and EK to recuse themselves from Obergefell. I thought that issue was already resolved. Any reason to be concerned that one or both might actually recuse themselves?
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I see several justices writing 2 opinions for the February sitting, while Kennedy and Ginsburg have none. There is only 1 case left undecided, so either Kennedy or Ginsburg will not be writing for this sitting. Do the tea leaves hint at what might have happened?
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Is there ever any "horse-trading" among the Justices? That is, I'll give you my vote on this case if you give me your vote on this other one? Or is each case truly - even at the end - done on its own merits?
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Today is the anniversary of both Windsor and Lawrence. I'm assuming the justices don't really attach that kind of significance to dates, but is there any chance it becomes more likely that they'll announce the Obergefell decision today?
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Quick question about terminology. Yesterday, the Supreme Court agreed with the 4th Circuit's ruling on King v. Burwell. In the opinion, it's documented as affirmed. Does affirmed strictly apply to the overall outcome of the case and not necessarily the specific reasoning, since the Supreme Court had a totally different reasoning than the 4th Circuit (that used Chevron deference to defend the subsidies)? Would it ever be called anything other than affirmed if they agreed with the outcome, but not the reasoning?
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Hello-- Sorry for the lack of knowledge, but is there a "time" that opinions will be issued?
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are the decisions shared electronically before or after the justice shares the opinion from the bench?
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Similar question to AHEC below: If Obergefell comes out 4 liberals with an expansive 14th Amendment right, Kennedy and Roberts with a concurrence giving a more limited discrimination claim (But still effectively allowing gay marriage), and then Alito, Scalia, Thomas on the other side -- wouldn't the decision be a mess? Would there be a 14th Amendment claim because of the plurality of the court/court's opinion?
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Will people line up over the weekend for the Monday decisions? (assuming ssm isn't decided today)
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When the opinions are being read, do the justices read the full opinion(s) that are released to the public? Or do they just read their own summaries?
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Worthwhile noting from the stat pack that we are almost certain to see the lowest unanimity rate (at least) since the 2009 Term. Certainly a big shift from the previous Term, when it was the highest rate in yonks.
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anybody think Obergefell might be either unanimous or 6-3 vs. the 5-4 often seen in these sorts of situations?
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Scalia called the majority opinion in King "quite absurd" and "jiggery-pokery" (a new one to me). Didn't he read his own book? "Don't show indignation at ... at the feeble and misleading arguments raised by opposing counsel. Describing that treatment and dissecting those arguments calmly and dispassionately will affect the court quite as much…. Ideally, you should evoke rather than display indignation.” Scalia & Garner, Making Your Case 34.
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If the court rules bans on ssm are unconstitutional, would that also make discrimination against gays and lesbians illegal as well, or is that a different issue?
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Do justices see each other's opinions before they are delivered in the court?
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Is Obergefell or any of the attorneys entitled to a reserved seat at the proceedings?
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Is it possible that Chief Justice Roberts voted as he did in King v. Burwell in order assign the case to himself in an effort to head off a more expansive opinion written by Kennedy (who would have assigned it if he was senior) or one of the four Democrat appointees?
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Do the Justices actually write the opinions themselves, or do they have minions to generate that for them? How does the opinion get formulated?
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I didn't see how the Court concluded yesterday. Are they still scheduled to release opinions on Monday as well? Or are they wrapping up today?
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You may have answered this already but how many is it boxes or decisions they have to read today?
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Rumor mill is running like crazy through my firm, which litigated another SSM case, with a partner saying he has it on good authority that SCOTUS is going to rule in favor of Obergefell. I don't need you to dignify/verify that rumor, but I'm curious--if there were going to be leaks, who would they be from? Clerks? Administrative staff? Others?
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Hello from the Netherland - the first country in 2001 with same-sex marriage !
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What is the probable scope of ramifications for Johnson? It seems like it asks very specific questions, whose answers would apply mostly to the case itself. Why is it being treated as a major decision to wait for?
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If you're new to the live blog (or you don't know what boxes are, etc.) our FAQ post is here.
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are electronic devices permitted do be used when opinions are issued in the courtroom like phones and laptops? if so, how do they prevent photos from being taken?
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Isn't it pretty rare for the Court to be issuing rulings on a Friday? Should we read anything into that considering two major gay rights cases were decided on June 26?
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