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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

To the question on CVSGs, the Court grants cert in 34% of cases in which it calls for the views of the SG. www.law.com

by Dr. Shake Shack 6/26/2018 1:28:01 PM
Any way we could get a description of RBG’s collar at the start of each morning’s liveblog to help predict what the day will look like?

by UnionThug 6/26/2018 1:28:06 PM
I know conventional wisdom says that Janus will be a win for the challengers. Aside from the assumption that Gorsuch will side with the "conservative" Justices, though, what's the basis for this prediction? Gorsuch was silent during oral argument.

by Dave 6/26/2018 1:29:17 PM
This has probably been asked before but do the Justices keep the same office throughout their tenure and do new Justices always move into the vacant office? For example: is Gorsuch now in Scalia's old office and Kagan in Steven's? When a vacancy happens could a sitting Justice say, "hey I've always wanted that office can I relocate there?"

by MattimeoDory 6/26/2018 1:29:23 PM
Who’s left to write decisions?

by Ken P 6/26/2018 1:29:39 PM
Couldn't one sort of "punt" on the travel ban be that the Court rules for Trump on the statutory questions and remand on the constitutional question, since AFAIK the lower court didn't base its decision on the constitutional claim?

by Shashakiro 6/26/2018 1:30:07 PM
@victoria J. Breyer seems by far the most worldly--is that typical or just this summer?

by wustl-bears 6/26/2018 1:30:15 PM
may be CJ Roberts can give scotusblog a shout out at the beginning of a session one day?

by drew 6/26/2018 1:31:00 PM
Are any of you aware of whether the court has given consideration to how they will docket cases in the year 2070? They cannot use 70-xxxx because that will repeat dockets from 1970. My datasets are already a mess with this pre-1970 docketing system where no year reference is used, and I have anxiety thinking about re-normalizing everything in a mere 52 years!

by QuantumCatBox 6/26/2018 1:31:13 PM
RBG: Justice Ruth Bader Ginsburg will be in Rome for Loyola University Chicago’s summer law program. Ginsburg will talk about the court and Constitution, while her daughter and law professor Jane Ginsburg will participate in the program’s international art law course.

by lrflw 6/26/2018 1:31:26 PM
Why so many days to announce decisions? Why not release all on one day?

by OTB 6/26/2018 1:31:27 PM
What's the chance we get NIFLA today?

by 3L New Yorker 6/26/2018 1:31:59 PM
Is there an order list for today?

by hdcb 6/26/2018 1:32:06 PM
For someone new, could someone explain RGB's collar?

by DavidFagan 6/26/2018 1:32:49 PM
Is it true that Gorsuch remained silent during Janus only because he is friends with the union's advocate? If so, it begs the question whether friendship overrides ideology or vice versa....

by The Endless Term 6/26/2018 1:33:27 PM
Are the chambers busy today? The rest of the week?

by EKNY 6/26/2018 1:33:44 PM
I had several dreams last night about the Court releasing opinions in some of these pending cases. Interestingly enough, I think the same result was reached in each dream. I may have to change my name to either Entirely interested or Overly interested.

by Simply interested 6/26/2018 1:34:28 PM
Is it true Gorsuch is a vampire?

by EKNY 6/26/2018 1:34:37 PM
I think Roberts will write Janus and Alito will do travel ban. Chief will take up First Amwndment issue.

by Kim 6/26/2018 1:35:19 PM
If a Justice is late (e.g. traffic), does the Court delay the start of proceedings or just go on without them?

by oxwof 6/26/2018 1:35:23 PM
Once they Break for Summer, why don't they regularly release orders? Rather than Waiting until October's Pile Up?

by DeanO 6/26/2018 1:35:33 PM
When will arguments OT2018 cases be scheduled?

by Chris 6/26/2018 1:35:37 PM
Is Carpenter the most import decision of the term?

by EKNY 6/26/2018 1:36:23 PM
I have never quite understood the reasoning behind this: Why does Thomas not speak at oral argument? Given how much he writes, he is certainly not shy about sharing an opinion.

by Aladin 6/26/2018 1:36:25 PM
Do you think the Court is dragging out these decisions simply to prevent recent grads from studying for the bar?

by Anna 6/26/2018 1:36:38 PM
Scotus Map has Justices Gorsuch and Kennedy "co-teaching" courses in Europe this Summer. Are these 2 day seminars or are these Justices really teaching summer school and grading papers?

by dan 6/26/2018 1:37:07 PM
I think Janus is the most important decision of the term. They're about to upend tends of thousands of labor contracts. Get ready for massive labor uprisings throughout fair-share states.

by Drew 6/26/2018 1:38:17 PM
Speaking of case numbers, what happens to the numbering system if filings increase beyond 9,999 per term? We're already up past 9,500 this term. Will SCOTUS switch to a five-digit system like some courts of appeals have?

by JVB 6/26/2018 1:38:25 PM
What's the temperature like in the court house?

by Jaston 6/26/2018 1:38:47 PM
What do you think it would take for the Court to start hearing more cases again?

by Justin Pearson 6/26/2018 1:39:42 PM
I may be in the minority here, but I think the frequent questioning from the judges detracts from oral arguments

by Tyler 6/26/2018 1:40:11 PM
Is it my imagination, or does the Court hold the biggest cases for the very end for dramatic effect?

by Steve 6/26/2018 1:40:29 PM
Any intel on where Lazarus and Roberts are planning on "working" this summer?

by Bobby Tables 6/26/2018 1:40:48 PM
So: Four opinions today, or do we come back tomorrow?

by Jay Michaelson 6/26/2018 1:41:43 PM
Very important question: what do the justices wear under their robes?

by Dan 6/26/2018 1:41:56 PM
Can the Court grant more cert petitions during next term to fill up its calendar?

by Hank 6/26/2018 1:42:13 PM
If the Chief wants to avoid drama they shouldn’t have had Carpenter, Janus, and Trump/Hawaii all come out in the same week!

by Jim 6/26/2018 1:42:23 PM
Is it more likely than normal someone dissents from the bench in Janus or Trump v. Hawaii? Assuming they come down how I anticipate, I imagine some of the minority might feel so compelled.

by Jim 6/26/2018 1:42:27 PM
Apropos of the question about justices being late for oral arguments or opinion announcements, Mark Walsh reminds me that not only was Justice Scalia late one day, but he was supposed to announce an opinion, so the Chief had to do it for him.

by Amy Howe 6/26/2018 1:43:00 PM
Can you explain the process once a decision has been finalised and the opinion written.

Who gets to see it next after the Justices? Is there someone to proofread or double check references or to reformat it?

by ChrisInEngland 6/26/2018 1:43:56 PM
While it is true that time is consumed by the questioning during oral arguments, is it also not true that many of these questions are really being posed from one ideological side of the bench to the other, enabling them to argue with one another (with the lawyer being a proxy)? If so, isn't that an important function of the oral arguments themselves?

by The Worrier 6/26/2018 1:44:24 PM
Amy, what do the boxes look like? I always imagine super ornate chests being presented to the reporters. Or are they boring cardboard boxes?

by cbrown 6/26/2018 1:44:31 PM
Who gets the revenue (quarters) generated by the lockers at the court?

by EKNY 6/26/2018 1:44:39 PM
Any chance Janus will be held over until fall? Maybe because someone’s dissent isn’t finished? (Fingers crossed)

by Minnesota Union Atty 6/26/2018 1:45:08 PM
As an institution, how many cases per year is the Court really equipped to handle?

by cwgivens21 6/26/2018 1:45:28 PM

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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

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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.
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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.
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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.
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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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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
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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

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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