Live blog of opinions | March 19, 2019
We live-blogged as the Supreme Court released its opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc. SCOTUSblog is sponsored by Casetext: A more intelligent way to search the law.
3rd & 7 37yd
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And just to give you a little color, there are two identical sets of boxes in the press office. A few minutes before 10 (i.e, quite soon), the reporters go in and mill around the office. When the chief justice announces each opinion (over a live audio feed from the court room), the Public Information Office hands the opinions out and we then run back into the press room to report back to you.
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I want to announce that we will have an opening this summer. The position splits time between SCOTUSblog (as deputy blog manager) and Goldstein & Russell (as firm manager). Please encourage any good college seniors (or people who have been out for 1-2 years) to apply.
Reminder: SCOTUSblog is hiring - SCOTUSblog
SCOTUSblogThe blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and i -
The court holds that in the maritime tort context, a product manufacturer has a failure to warn when its product requires incorporation of a part (here, asbestos), the manufacturer knows or has reason to know that the integrated product is likely to make the product dangerous for its intended uses, and the manufacturer has no reason to believe that the product's users will realize that danger.
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Here's the opinion in Air & Liquid Systems: https://www.supremecourt.gov/opinions/18pdf/17-1104_2co3.pdf
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In these cases, the Ninth Circuit had held that a provision requiring the mandatory detention of non-citizens who have committed certain dangerous crimes applies only if a non-citizen is arrested by immigration officials as soon as he is released from jail. The Supreme Court rejects this interpretation.
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Here's the opinion in Nielsen v. Preap. Jennifer Chacon will have our analysis:
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So it does seem like Sotomayor is likely to have Gundy v. US, but we are not likely to get that decision today, because the justices announce their opinions in order of reverse seniority. So we could hear from Alito again (although I don't think so, based on how the Chief Justice introduced the case), Breyer, Ginsburg, Thomas, or the Chief. Going back in to wait.
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Gorsuch, joined by Ginsburg (interesting!), conclude that the 1855 treat guarantees tribal members the right to move their goods, including fuel, to and from market freely. When dealing with a tribal treaty, Gorsuch says, a court must give effect to the terms as the Indians themselves would have understood them.
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Here's the opinion in Washington State Department of Licensing v. Cougar Den. Bethany Berger will have our analysis:
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Roberts stresses in his dissent that the fact that a state law affects the Yakamas while they are exercising a treaty right does not mean that the law impermissibly burdens the right. "Because Washington is taxing Cougar Den for possessing fuel, not for traveling on the highways, the State's method of administering its fuel tax is consistent with the treaty."
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The Kavanaugh dissent is shorter. He agrees with Roberts that the fuel tax is not a highway regulation and therefore does not infringe on the tribe's right to travel. But even if it were a highway regulation, Kavanaugh adds, it isn't a discriminatory highway regulation and therefore doesn't violate the tribe's right to travel on the highways just like other U.S. citizens.
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Thanks, all! Today we will have analyses on these three opinions, Kathryn Moore's analysis of yesterday's argument in Smith v. Berryhill, Mark Walsh's analysis of today's argument in Cochise, and Amy's preview of next week partisan-gerrymandering arguments. We'll be back tomorrow!
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And one last reminder again -- please send this link to any college seniors interested in law school:
Reminder: SCOTUSblog is hiring - SCOTUSblog
SCOTUSblogThe blog and Goldstein & Russell, P.C., are looking for someone to serve as both the firm manager for Goldstein & Russell, P.C., and the deputy manager of SCOTUSblog. The principal responsibilities for this position include, but are not limited to: Administrative work for the firm and i