Scribble

Editor's Note :

Scribble

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Live blog of opinions | June 26, 2018 (with SCOTUS Map and First Mondays)

Live blog of opinions | June 26, 2018 (with SCOTUS Map and First Mondays)

We live-blogged as the Supreme Court released its opinions in Trump v. Hawaii and National Institute of Family and Life Advocates v. Becerra. Dan Epps and Leah Litman of First Mondays and Victoria Kwan of SCOTUS Map joined us on the live blog.

We live-blogged as the Supreme Court released its opinions in Trump v. Hawaii and National Institute of Family and Life Advocates v. Becerra. Dan Epps and Leah Litman of First Mondays and Victoria Kwan of SCOTUS Map joined us on the live blog.

Mar. 2019

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Conference of March 15, 2019

3rd & 7 37yd

Good morning, everyone, we'll get going in just a moment.

by Andrew Hamm 6/26/2018 12:57:22 PM
Good morning! In regards to the travel ban case, since we are assuming the chief justice will write for the majority, would that be a bad sign and a big blow to the challengers (Hawaii), or could he side and rule the other way?

by Al 6/26/2018 12:58:42 PM
When is the very last day the Court could release opinions this term? How many are we expecting today?

by wustl-bears 6/26/2018 1:00:13 PM
Is this thing on? Good morning everyone!

by Leah Litman 6/26/2018 1:00:45 PM
Is there a chance SCOTUS could hold out on making a decision in Trump v. Hawaii today?

by Research G 6/26/2018 1:01:01 PM
Only 2 cases today? What are the odds?

by Barb 6/26/2018 1:02:40 PM
How about Janus?

by Have we definitely lost Janus vs AFSCME? 6/26/2018 1:02:40 PM
Morning everyone, this is Victoria Kwan from SCOTUS Map. If anyone has questions about the justices' summer plans and speaking engagements while we're waiting for opinions, I'm happy to answer them!

SCOTUS Map
SCOTUS MapThe one-stop online resource for tracking Supreme Court justices' public engagements around the world.

by Victoria Kwan 6/26/2018 1:04:31 PM
What is Breyer doing this summer? I feel like he’s always up to some pretty cool stuff.

by John 6/26/2018 1:08:01 PM
SCOTUS clerk crew: What were your boss’s writing pet peeves?

by Hugo 6/26/2018 1:08:15 PM
What did you think of the pictures of CT with the President?

by EKNY 6/26/2018 1:10:07 PM
Is there a link to yesterday's live blog?

by Sarah J 6/26/2018 1:10:29 PM
By the way, if you haven't listened to this week's episode yet, check it out!
OT2017 #30: "Most Ambitious Crossovers" - SCOTUSblog
SCOTUSblogWe take a running start and try to get through as many opinions as we can. We discuss gerrymandering, online sales tax and cellphone records. Plus, we interview the man, the myth, the legend-- two-time Supreme Court winner Fane Lozman.

by Dan Epps 6/26/2018 1:11:23 PM
Agree or disagree? Of all the justices on the bench, the one most likely to buck the recent tradition of announcing a retirement in March or April is Justice Thomas.

by LegalBySegal 6/26/2018 1:11:47 PM
Does every Supreme Court law clerk have their own office adjacent to their bosses' chambers? Or are all the clerks in a sea of cubicles in the basement of the Court?

by Matt 6/26/2018 1:12:22 PM
Could there be a per curiam opinion today from a serial relist or would that come following the last conference?

by Guest 6/26/2018 1:12:31 PM
Hi everyone.

by Eric Citron 6/26/2018 1:12:38 PM
We in Atlanta are very anxious to see how the justices sort out a very contentious water supply problem in Florida v. Georgia.

by lrflw 6/26/2018 1:13:23 PM
Professor Epps, your interview w/ Fane Lozeman was absolutely amazing! Well done!

by Talabay 6/26/2018 1:13:40 PM
Another question for the SCOTUS clerks. Do you have an idea how involved different justices prefer to have their clerks? From what I’ve read, sometimes it is researching and bench memos, etc., but then at times clerks can be heavily involved in drafting opinions. Does this vary based on the case or from justice to justice?

by James 6/26/2018 1:14:07 PM
Can we keep doing these live blogs every morning, even after the term ends? It's quite a fun way to start the day.

by cwgivens21 6/26/2018 1:14:07 PM
Is the general consensus still that we will not be seeing any retirements any time soon?

by SCOTUS Noob 6/26/2018 1:14:40 PM
Do certain justices adhere to a particular writing structure? i.e. IRAC, CREAC, etc.

by JD 6/26/2018 1:15:07 PM
Is it normal for the term to go over like this?

by Elle 6/26/2018 1:16:24 PM
And in case anyone is wondering where Ian Samuel is—he's on a plane to Arizona, where he and I will be recording the show live from the Arizona Bar Convention in Phoenix tomorrow.

by Dan Epps 6/26/2018 1:17:05 PM
www.scotusblog.com Argument analysis: Can Florida’s needs for more water be “redressed” by a consumption cap in Georgia? by Lara Fowler, assistant director for outreach and engagement at the Penn State Institutes of Energy and the Environment and Senior Lecturer Penn State Law

by lrflw 6/26/2018 1:17:15 PM
Who was the most interesting person to visit chambers during your term?

by EKNY 6/26/2018 1:17:45 PM
What are Justice Kennedy's plans for the Summer? And beyond...

by jrowold 6/26/2018 1:18:07 PM
Dan, regarding your comment on Thomas, do we know if Roberts took issue with the Gorsuch/McConnell speaking engagement Gorsuch did (I think soon after his confirmation)? I remember hearing something at the time that Roberts was peeved but can’t remember what the consensus was.

by James 6/26/2018 1:18:39 PM
Hello! Enough with the day after day of enticing live blogs! I'm supposed to be billing some hours here!

by Associate Attorney 6/26/2018 1:18:55 PM
How much contact do clerks have with other justices? I imagine more contact than if you’re clerking in a D. Ct. or on a circuit court where there are many more judges?

by John 6/26/2018 1:20:17 PM
Which Justice is most likely to appear on First Monday's?

by EKNY 6/26/2018 1:21:23 PM
What does this term look like with Justice Garland?

by EKNY 6/26/2018 1:21:32 PM
What are the chances of a Summer retirement after the term is over? Has this happened in recent history?

by Philip W. 6/26/2018 1:21:35 PM
Do we know yet whether this will be the final day for the term?

by capejane42@gmail.com 6/26/2018 1:22:28 PM
If there is a spelling error discovered in opinions like in yesterday's dissent by J. Breyer, does someone's head roll ?

by Sarthak 6/26/2018 1:22:57 PM
If you're not seeing answers to the questions, try reloading or using a different browser (in response to Barb's question). We are answering!

by Dan Epps 6/26/2018 1:23:13 PM
I'm curious which justices are likeliest to have the most events this summer now that the term is ending?

by Jeremy Chao 6/26/2018 1:24:06 PM
Is there any chance we see a narrow travel ban ruling? Since they already mooted it, then stayed the new ban, I feel like they’ve already played that card and we may finally get a ruling on the merits? Here’s to hoping at least.

by Karl 6/26/2018 1:24:16 PM
I was reading Justice Breyer's decision in Marinello v. US last night and noticed that there was a missing period at the end of a paragraph. He needs a new proof reader!

by LegalBySegal 6/26/2018 1:24:42 PM
What are the chances of retirement for RBG?

by Dowling49 6/26/2018 1:24:54 PM
Question: If the Court CVSG's a case, what is the likelihood of a case being granted cert?

by Fan of SCOTUSBlog 6/26/2018 1:25:28 PM
Should we expect the "clean up" orders today?

by Chris 6/26/2018 1:26:20 PM
Are the Justices aware of scotusblog?

by At a Prince show man 6/26/2018 1:27:29 PM
Another question, with the seven cases added to OT 2018, the Court has I believe 30(?) cases. Is that enough or close to filling up the fall argument session(s) of the Court or does it need to a add a few additional cases?

by Fan of SCOTUSBlog 6/26/2018 1:27:47 PM

Featured Posts

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann
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This Week at the Court
The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices hear oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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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.
National Press Club Award
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	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

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)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference