Scribble

Scribble

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

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.

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Conference of May 23, 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: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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