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 27, 2018 (with First Mondays)

Live blog of opinions | June 27, 2018 (with First Mondays)

We live-blogged as the Supreme Court released its final decisions of October Term 2017, in Janus v. AFSCME and Florida v. Georgia. Dan Epps of First Mondays joined us on the live blog.

We live-blogged as the Supreme Court released its final decisions of October Term 2017, in Janus v. AFSCME and Florida v. Georgia. Dan Epps of First Mondays joined us on the live blog.

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3rd & 7 37yd

Welcome! I'm Dan Epps, a professor at Washington University in St. Louis and a Co-Host of First Mondays. Here to answer your questions as we await the final opinions!

by Dan Epps 6/27/2018 1:00:33 PM
Odds of a retirement announcement?

by Chris 6/27/2018 1:00:54 PM
Will it be at 10 am?

by KJC 6/27/2018 1:01:24 PM
Have we (i.e. you) figured out yet by counting who wrote the final opinions?
Also, does anybody else think the concurrence in NIFLA presaged retirement a bit?

by Stuart 6/27/2018 1:02:37 PM
This has to be the last day, correct? We will definitely get the last two decisions today?

by Student101 6/27/2018 1:03:13 PM
Any idea which case we're expecting first today? Will the order they are released provide any insight into the likely outcome?

by Luke 6/27/2018 1:03:31 PM
Dan how long after the opinions are announced will a link be available to read the dissenting opinions?

by Curious Unionist 6/27/2018 1:05:04 PM
Dan, my friend filed a transfer application to Wash U Law a few weeks ago and he's waiting to hear. What are the chances he hears back today? Better or worse than a Kennedy retirement?

by Scott 6/27/2018 1:05:38 PM
It Seems the general assumption is that Janus will probably prevail in his case and Alito will write but any thoughts on the Florida Georgia case and why this one has taken so long?

by Derek NOLA 6/27/2018 1:06:06 PM
I'm guessing Janus will come last because it will be the biggest news of the day.

by LJ 6/27/2018 1:06:52 PM
Is there any good reason why the Court doesn't follow some of the Bluebook citation rules; for instance, using (CA6 2012) instead of (6th Cir. 2012)?

by cwgivens21 6/27/2018 1:07:58 PM
So, the wrap up conference is today and tomorrow is the last day for orders. Am I understanding that correctly?

by Kal-El 6/27/2018 1:09:39 PM
When justices select clerks, is it just resume/transcripts or do they consider things like age, personal background, etc?

by Marlissa 6/27/2018 1:10:02 PM
Does anyone know if there is a place, like the orders list, where the Court publishes their requests for responses to petitions - similar to how they note CVSGs?

by Greg 6/27/2018 1:11:15 PM
As an FSU Seminole, a Georgia ruling would enable me to stick this to my UF friends (friendly debate of course).

by Keith Johnson CPA 6/27/2018 1:12:17 PM
Don’t recommendations from trusted professors and judges count more than intrerviews in the clerkship hiring process?

by Not a student 6/27/2018 1:12:49 PM
Is it possible that only one off the two outstanding cases would be released today?

by Mike Nelmida 6/27/2018 1:13:14 PM
by Andrew Hamm 6/27/2018 1:13:44 PM
Any idea what the Justices summer plans are? I know they usually travel and do some interesting stuff!

by Justin 6/27/2018 1:13:48 PM
Do term law clerks review all the petitions, or are there career clerks that help with that process? The workloads of the Justices and clerks seem incredible.

by Jason 6/27/2018 1:15:55 PM
According to the "View" from the Courtroom blog, Chief Justice Roberts said: “And at that time we will announce all remaining opinions ready during this term of the court.”

Any chance they hold Florida v. Georgia over to the next term for more evidence or something?

by Greg 6/27/2018 1:16:52 PM
How often do justices do events that are open to the public? I see a lot of interviews at law schools and bar associations, but can the general public attend those?

by Marlissa 6/27/2018 1:17:19 PM
I know we expect Alito to have Janus. Do we have any idea who has the Florida v. Georgia case? Florida v. Georgia being announced last would be pretty anticlimactic.

by Kevin 6/27/2018 1:18:11 PM
What's the biggest case already granted for OT18?

by EKNY 6/27/2018 1:18:27 PM
Speaking as someone who is basically non-partisan, I am not a big fan of hyperbole, and that is especially true regarding Supreme Court Justices. Are you bothered at all by Justice Sotomayor's reaction to the majority's opinion in the travel-ban case (invoking Korematsu, a supposedly passionate reading from the bench, etc.)?

by Justin Pearson 6/27/2018 1:18:57 PM
There is a dearth of T Swift on the liveblog right now

by Kal-El 6/27/2018 1:21:48 PM
What perks does a retired justice receive? Is it like being an emeritus professor with office and some clerical support? Or are you just out the door?

by DaveMry 6/27/2018 1:22:31 PM
What we would be a good time for me to take a break from work to log back in to the blog for retirement watch?

by Paul T. in Bham 6/27/2018 1:23:02 PM
Related question on retirees -- I know O'Connor & Souter JJs have clerks...but where are like their offices? Does J. Souter's clerk remote login from a cabin in NH?

by BW 6/27/2018 1:23:48 PM
Did you ever see a Justice playing basketball during your tenure?

by EKNY 6/27/2018 1:24:21 PM
I recall in the last few years, there was a lot of talk about whether Kennedy hired law clerks because that would indicate if he is retiring. Did he hire clerks for next year? What happens to them if he retires?

by Marlissa 6/27/2018 1:24:41 PM
It seems that Sotomayor finished her dissent in the Trump v Hawaii case the day before release. The footnote said "last viewed 06/25/2018" in reference to a NYTimes article. You think she work on it till the last minute?

by Joseph 6/27/2018 1:25:12 PM
Let's say the Court holds for the Union in Janus (still hopeful!), who is most likely to write the opinion?

by CR23 6/27/2018 1:25:41 PM
Not related to SCOTUS opinions but certainly important: when will we be able to buy First Monday Tees online?

by Lily 6/27/2018 1:25:47 PM
So if Alito is writing Janus, thats definitely it for public sector unions then?

by NotAlitoFan 6/27/2018 1:26:14 PM
Royal v. Murphy is my pick for OT18. It has dramatic facts and big consequences. And as we saw with US v. Washington, Indian Law makes for some tight vote counts.

by Kal-El 6/27/2018 1:26:32 PM
Is there a Justice who cites their own opinions anywhere near as often as Thomas does? I was reading his concurrence in Trump v. Hawaii and it seemed like half his citations were (Thomas, J., concurring)

by Guest 6/27/2018 1:26:35 PM
According to a friend whose wife’s third cousin works for Sen. Grassley, a massive deal has been worked out to rejuvenate the conservative Supreme Court while Republicans control both the White House and the Senate. Justices Kennedy and Thomas will both retire today. Both will be succeeded by former law clerks, Kennedy’s a D.C. Circuit judge and Thomas’s a Norte Dame law professor.

by Not a student 6/27/2018 1:27:53 PM
What do clerks for retires Justices do?

by Kevin 6/27/2018 1:28:28 PM
PSA: It bears reminding that there may be a retirement announcement that doesn't come today. Well-known example is Justice O'Connor announcing her retirement on July 1.

by David W. 6/27/2018 1:29:13 PM
Hey First Monday’s, would it be possible for you to preview all or some of the cases that the justices will hear in OT 2018? I’m really enjoying the show and it’s often helpful to a non lawyer lay person like myself.

by SCOTUSBlog Fan 6/27/2018 1:30:02 PM
Where is Eric Citron when we need him?

by EKNY 6/27/2018 1:30:03 PM
Hot take - I'm going to take the contrarian view and say that Kagan, who dissented in Harris v. Quinn, got Kennedy to join her in upholding Abood, and that's why the 5-4 took longer than Trump

by LV 6/27/2018 1:30:07 PM
Can you give a short overview of the two remaining cases? Thanks! Great site!

by Shapopojoe 6/27/2018 1:30:53 PM
Who has to work longer hours: first year associate at a big law firm, or clerk at a major court (such as SCOTUS)? Who has the better work-life balance (if any)?

by DaveMry 6/27/2018 1:31:24 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 »
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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.

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

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