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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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So I've got a question...let's say Kennedy retires. Does that start the death clock on Obergefell if the current president is able to appoint a replacement? Also, I think that many people think Trump is going to be able to get an Alito type through the Senate to replace Kennedy. Will Sen. Collins and Sen. Murkowski be willing to help appoint the end of Roe?

by Elijah Bathory 6/27/2018 1:32:09 PM
My father’s brother’s nephew’s cousin’s former roommate, who sometimes sees Mitch McConnel at the deli, is pretty sure they have a deal worked out to get two additional seats added to the court.

by Kal-El 6/27/2018 1:32:45 PM
Dan, you mentioned you never saw a Justice playing basketball during your tenure. Judge Kavanaugh came and played (with the D.C. Cir. clerks vs SCOTUS clerks), so you may need to refine that answer in a few months.

by Deahlio 6/27/2018 1:33:04 PM
When a justice in the majority or minority assigned an opinion, is that done during the conference or later, in chambers?

by Brian G. 6/27/2018 1:33:16 PM
Wondering why virtually all of the comments I've ever seen here could be said to be left of center, and reading between the lines, most of the commentators on this blog.

by spider rob 6/27/2018 1:33:38 PM
Gray skies and thinner crowds (so far) this morning at the Court.

by Erica Oleszczuk Evans 6/27/2018 1:33:43 PM
What is the exact moment when a SCOTUS ruling becomes official? Could a Justice, while someone else's dissent in a 5-4 decision is being read, stand up and proclaim - I CHANGE MY VOTE!

by Bill S. 6/27/2018 1:34:03 PM
Do we anticipate that there will be an order list tomorrow re: any petitions still pending cert?

by Krista 6/27/2018 1:34:17 PM
I'm not even supposed to say this, but I am the newest justice on the Supreme Court. All the other members will resign and I have made a special pact with the government that my word will be the final say on all constitutional matters. EXCLUSIVE TO SCOTUSBLOG MUST CREDIT

by Newest Justice 6/27/2018 1:34:31 PM
Really loved this week's First Mondays--especially the extensive coverage of Carpenter and the Fane Lozman interview--but what we REALLY need is a discussion of how Ortiz kept the Golden CAAF tradition alive for future terms.

by MattP 6/27/2018 1:34:54 PM
Has an opinion (or just outcome) ever leaked from the Court?

by oxwof 6/27/2018 1:35:14 PM
How exactly does the process work of getting in the court to watch opinion announcements for a regular person?

by Nick 6/27/2018 1:35:29 PM
Dan have you answered even one question?

by jtm 6/27/2018 1:36:28 PM
Might there be a "world's largest outdoor cocktail party" reference in the Florida v. Georgia opinion? Asking for a friend . . .

by AttyTMD 6/27/2018 1:36:47 PM
Wasn't the ACA vote supposedly changed after reading the dissent?

by ShroudSciuridae 6/27/2018 1:37:08 PM
RE: lefty comments.
This is a moderated blog, so we should chalk that up to the moderators, including Dan Epps yes? After all he is a law professor. Have there ever been any studies done on the liberal/conservative breakdown of law professors? I know what it was like at my school.

by WMantooth 6/27/2018 1:37:59 PM
Remembering the day in 2003 when everyone thought Justice O'Connor was going to step down and Rehnquist ended the last day of the term by saying "we have a retirement to announce" and then after everyone gasped, he went on to thank the Supreme Court librarian for her years of dedicated service and wished her well in retirement.

www.economist.com

by Adam Shah 6/27/2018 1:38:09 PM
There's a connection between the makeup of the commentators and who decides to comment... but there are conservatives silently following along. Same for First Mondays.

by Lurking 6/27/2018 1:38:45 PM
Any speculation on why FL/GA is being held until the last day? How do you think this bodes for either party?

by Here4FL/GA 6/27/2018 1:39:33 PM
I'm a little disappointed the jingle on First Mondays for the hotline calls isn't Hotline Bling...

by Nathan Curtiss 6/27/2018 1:40:25 PM
Is it possible that Janus comes down as some sort of compromise? E.g. The unions have to more clearly delineate where agency fees are going, and limit that money strictly to collective bargaining.

by Mark Janus 6/27/2018 1:40:36 PM
I'm a conservative and will be 2/6 on getting my comments approved on the live blog if this one makes it through the gauntlet...

by Dr. Shake Shack 6/27/2018 1:40:52 PM
For the former clerks here: During your time at the Court, did Justices ever switch sides of an issue post-conference, whether or not it affected the outcome? (I realize you won't be able to name names.)

by oxwof 6/27/2018 1:41:20 PM
Based on the grants thus far, it seems OT 2018 is likely to be not much of a blockbuster term. What are the odds that changes?

by Pure Applesauce 6/27/2018 1:41:51 PM
Is there always this much buzz about a justice retiring at the end of each term? Or is this because of the circumstances (same-party POTUS + Congress, age of justices, etc.)?

by ER 6/27/2018 1:41:53 PM
I heard the justices were debating who was better, Herschel Walker or Tim Tebow, and that's why Florida v. Georgia is taking so long. Heard this from a florists whose cousin knows a guy who went to elementary school with a clerk and they keep in touch.

by Joseph 6/27/2018 1:42:36 PM
The action starts at 10 a.m. eastern?

by Matt H 6/27/2018 1:43:08 PM
Odds of a "Florida-Georgia Line" joke in Florida v. Georgia?

by AKG 6/27/2018 1:43:50 PM
Has any SC Justice ever announced their retirement when a president of the opposite party that nominated them is in office?

by Jesse S. 6/27/2018 1:44:14 PM
What is the hotline ##? would like an answer to my question.

by patty 6/27/2018 1:44:18 PM
Hey Ian and Dan,
I really love listening to First Mondays every week. I'm curious, could you guys sort of give a preview of all or some of the cases in OT 2018 one of the upcoming podcast episodes? It would be really helpful to people like me as a non-lawyer lay person who enjoys following the Court.

by Fan of SCOTUSBlog 6/27/2018 1:45:34 PM
I read somewhere that if the Democrats can take over Congress, then when a Democratic president is in office, they could potentially create more seats on the Supreme Court - is that true? I know unlikely and extreme, but would they have the power to do that?

by Erik 6/27/2018 1:46:01 PM
For those of you asking why we haven't published your comments, there are tons coming in and we have only a few of us. And we're trying to answer questions that we haven't already answered.

by Amy Howe 6/27/2018 1:46:08 PM
Is it possible to just listen to the hotline, or is it for asking questions only?

by JusticeOConnorRulez 6/27/2018 1:46:13 PM
Your banner image seems faulty, With respect, i doubt Justice Ginsburg is that flexible.

by Pierre-Luc Gagnon 6/27/2018 1:46:30 PM
Ok, I'm signing off—remember to listen to First Mondays; we'll have lots of great content coming in the next few weeks!

by Dan Epps 6/27/2018 1:47:19 PM
4 years ago, I sat in this same seat - coffee in hand, laptop open, Scotusblog on my screen - waiting on the last day for Harris. Hoping for Justice Alito to read the majority opinion in Janus. Wondering if Mark Janus realizes the whirlwind he is about to swept up into. Grateful for our judicial system that allows a mom from IL or a Social worker for the same state to petition the Court and have our cases heard by these brilliant jurists. Thank you Scotusblog!

by Pamela Harris 6/27/2018 1:47:21 PM
In cases between states like FL v. GA, what is the role of SCOTUS appointed special master and how much weight do they place on special master?

by Davenj 6/27/2018 1:48:24 PM
Who draws your banners? Very talented artist and a phenomenal sense of humor!

by Sam Z 6/27/2018 1:49:18 PM
How common are retirements announced from the bench, as opposed to later on like O’Connor did?

by Brian G. 6/27/2018 1:50:20 PM
We have one box today. But we kind of knew that already.

by Amy Howe 6/27/2018 1:51:25 PM
Wasn’t the 4-4 vote in Friedrichs the best indicator that Janus will be 5-4 against the unions? Gorsuch will not disappoint the conservatives.

by Allan Dollison 6/27/2018 1:51:40 PM
Five minute buzzer just sounded.

by Amy Howe 6/27/2018 1:55:17 PM
The underlying argument may be the same in Friedrichs and Janus, but the facts of each case are different enough that the Court may find another way through Janus.

by Mike B. 6/27/2018 1:55:31 PM
Powell's retirement announced from the bench. Marshall last day of term as well, but maybe later in the day?

by cam 6/27/2018 1:55:34 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 National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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