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Editor's Note :

Scribble

Empirical SCOTUS: The hottest bench in town – Adam Feldman

Argument preview: Justices to consider competency in capital cases – Amy Howe

Argument preview: Justices face nondelegation challenge to federal sex-offender registration law – Mila Sohoni

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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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

Empirical SCOTUS: The hottest bench in town – Adam Feldman

Argument preview: Justices to consider competency in capital cases – Amy Howe

Argument preview: Justices face nondelegation challenge to federal sex-offender registration law – Mila Sohoni
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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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Six Connecticut judges remember arguments before the U.S. Supreme Court

Six current Connecticut judges argued before the U.S. Supreme Court between 1981 and 1991. Their recollections of those arguments – prepared by Judge Jon Blue of the Connecticut Superior Court for the annual Connecticut Judges Institute – present a portrait of the justices at work in an earlier era. Judge Julia DiCocco Dewey argued before the court […]

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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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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