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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.

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

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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The Supreme Court will release orders from the January 18 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
The justices will meet next for their February 15 conference.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Recent Decisions
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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 »
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.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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.
- 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 »
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Cases argued 43

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
27	28	29	30	31

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
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.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Scribble

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.

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

Email Digest Sign-Up

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