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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.

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Conference

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

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This Week at the Court
On Monday, the justices met for their September 24 conference. We expect orders from this conference on Thursday. The October 2018 term will begin on Monday, October 1. The calendar for the October sitting is available on the court's website.
Major Cases
- Trump v. Hawaii
  The president has lawfully exercised the broad discretion granted to him under 8 U. S. C. §1182(f) to suspend the entry of aliens into the United States; respondents have not demonstrated a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violates the establishment clause.
- 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
  The state of Illinois’ extraction of agency fees from nonconsenting public-sector employees violates the First Amendment; Abood v. Detroit Bd. of Ed., which concluded otherwise, is overruled.
- Gill v. Whitford
  Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- 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
  The Colorado Civil Rights Commission’s actions in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration violated the free exercise clause.
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