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Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

Live blog of opinions | March 20, 2018

Live blog of opinions | March 20, 2018

This live blog features discussion of the one case decided on this day: Cyan Inc. v. Beaver County Employees Retirement Fund.

This live blog features discussion of the one case decided on this day: Cyan Inc. v. Beaver County Employees Retirement Fund.

June 2019

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Conference of June 13, 2019

3rd & 7 37yd

Good morning and welcome to the live blog

by Andrew Hamm 3/20/2018 1:47:25 PM
We are waiting for opinions at 10, before the oral argument in NIFLA v. Becerra.

by Edith Roberts 3/20/2018 1:48:19 PM
After opinions at 10am, the court will have oral argument in NIFLA v. Becerra, a First Amendment challenge by crisis-pregnancy centers to a California law requiring certain disclosures.

by Andrew Hamm 3/20/2018 1:48:53 PM
Box count, Edith?

by beggin_4_kagan 3/20/2018 1:49:02 PM
Amy's preview in NIFLA is available at this link:
Argument analysis: Legal questions, practical concerns at play in post-divorce life insurance case - SCOTUSblog
SCOTUSblogWhen Mark Sveen died in 2011, his life insurance policy still named his ex-wife, Kaye Melin, as the beneficiary – even though the couple had divorced four years before. Nothing in the Minnesota couple’s divorce settlement (which divided up, among other things, the all-terrain-vehicle and the snowmob

by Andrew Hamm 3/20/2018 1:49:26 PM
When is the tribal immunity case scheduled to be heard?

by tysonbenson 3/20/2018 1:50:01 PM
Good morning, everyone! Sorry for the delay, but I was having some tech issues.

by Amy Howe 3/20/2018 1:50:43 PM
I'm looking at the remaining cases in the October sitting and trying to speculate about who will be writing those. Is it generally the case that the Chief tries to make sure that the Justices write an equal amount of majority opinions per sitting? So if there's three cases left from October, and 3/4 Justices who haven't written an opinion from that sitting, can we infer that those Justices will likely have the remaining opinions?

by Bob Loblaw 3/20/2018 1:50:52 PM
That’s the Sveen life insurance case

by Mark Schmidt 3/20/2018 1:51:07 PM
No boxes yet. For those of you who aren't regulars here, the number of boxes is a rough proxy for the number of decisions we'll get. It's not perfect (for example, if an opinion is very long or very short), but it's what we have.

by Amy Howe 3/20/2018 1:52:38 PM
Hoping for the Murphy v. NCAA opinion today. Legalized sports betting would make things.... interesting

by Ramsey 3/20/2018 1:54:15 PM
Masterpiece Cakeshop decided today!*
(*Case will actually not be decided today, in all likelihood.)

by DavidW 3/20/2018 1:54:26 PM
Also, for those of you who aren't regulars here, we don't know what opinions we are going to get or how many.

by Amy Howe 3/20/2018 1:54:58 PM
The five-minute buzzer just sounded.

by Amy Howe 3/20/2018 1:55:21 PM
It is a cold, rainy day down here at the Court. There are pretty big crowds outside despite the nasty weather, though.

by Amy Howe 3/20/2018 1:56:11 PM
One box. I will wait for opinions downstairs this morning and then head up for the argument in the NIFLA case as soon as they are done releasing opinions.

by Amy Howe 3/20/2018 1:56:41 PM
Hi All -- looking forward to the opinions. I agree with those that it would be a cute coincidence to get the NJ Sports Betting case in the midst of March Madness, but -- as always -- there's very little chance of predicting what comes out when this time of year.

by Eric Citron 3/20/2018 1:56:49 PM
Right now I am feeling pretty sorry for the folks who were outside all night standing in line waiting to get into the argument (or, in many cases, waiting in line so that someone else could get into the argument).

by Amy Howe 3/20/2018 1:57:25 PM
Hi all! I'm new here. We are waiting until 10am for the opinions to be heard?

by Brooke 3/20/2018 1:57:30 PM
I'm headed into the press office to wait. Back soon . . .

by Amy Howe 3/20/2018 1:57:53 PM
Are oral arguments for NIFLA going to be live streamed anywhere?

by TrishKalis 3/20/2018 1:58:27 PM
Only one opinion today?

by Evan 3/20/2018 1:59:31 PM
What time is Becerra being argued?

by Scotus 3/20/2018 1:59:43 PM
One box = 1-2 opinions, usually. I depends on the length of the opinions at issue.

by Eric Citron 3/20/2018 2:00:01 PM
No oral argument streaming in federal courts

by Vseved 3/20/2018 2:00:12 PM
It is Cyan v. Beaver County, per Kagan. Unanimous.

by Amy Howe 3/20/2018 2:01:13 PM
Decision below is affirmed.

by Amy Howe 3/20/2018 2:01:35 PM
This is a Goldstein & Russell case, by the way.

by Amy Howe 3/20/2018 2:01:46 PM
This was a Goldstein & Russell case that Tom Goldstein argued this year, so my opinions cannot be trusted but are definitely correct.

by Eric Citron 3/20/2018 2:01:55 PM
Case, according to Kagan opinion, presents two questions about the Securities Litigation Uniform Standards Act of 1998. First is whether SLUSA strips state courts of jurisdiction over class actions alleging violations of only the Securities Act of 1933. Second is whether, even if not, SLUSA empowered defendants to remove such actions from state to federal court. We answer both questions no, says the Court.

by Amy Howe 3/20/2018 2:03:06 PM
Here is a link to the opinion in Cyan. Ronald Mann will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/15-1439_8njq.pdf

by Andrew Hamm 3/20/2018 2:03:21 PM
And that is all for this morning. I am headed upstairs.

by Amy Howe 3/20/2018 2:03:27 PM
Exciting!

by Eric Citron 3/20/2018 2:04:13 PM
Opinions tomorrow too?

by Vseved 3/20/2018 2:07:18 PM
Any more opinions for today or is it ok to log off?

by Brooke 3/20/2018 2:10:45 PM
Thank you, everyone -- hope to see you again tomorrow!

by Andrew Hamm 3/20/2018 2:11:36 PM

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Interim Stat Pack for October Term 2018 – Adam Feldman

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
Recent Special Features
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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6
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10
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13
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