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Interim Stat Pack for October Term 2018 – Adam Feldman

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Challengers ask justices to put off census decision – Amy Howe

Live blog of opinions | March 27, 2018

Live blog of opinions | March 27, 2018

This live blog features discussion of the one case decided on this day: Hall v. Hall.

This live blog features discussion of the one case decided on this day: Hall v. Hall.

June 2019

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Conference of June 13, 2019

3rd & 7 37yd

Good morning, everyone! Welcome to our special-edition live blog.

by Amy Howe 3/27/2018 1:42:39 PM
We are expecting one or more opinions in argued cases today. As is almost always the case, we don't know which opinions we are getting, or how many.

by Amy Howe 3/27/2018 1:44:15 PM
Good morning! Could the unusual timing of the announcement that there would be opinions today portend a major ruling?

by oxwof 3/27/2018 1:44:20 PM
Last night I put a post up on my blog reading the tea leaves, so to speak -- trying to figure out which justices might be writing which opinion. It's here:
Reading the tea leaves – March 26 edition
Amy HoweWith the cherry blossoms (sort of) getting ready to bloom, and the Supreme Court slated to issue opinions tomorrow, it’s time for another non-botanical pastime in Washington and beyond: Reading the tea leaves to try to predict which justices might be writing the remaining opinions on the court’s merits docket. Unfortunately, it’s too early to... Read More
.

by Amy Howe 3/27/2018 1:46:20 PM
But the TLDR is that it's really too soon to tell for most of the months so far. There's one month (November) where we are only waiting on one opinion, but because there are only six cases that sitting it's impossible to say who might be writing.

by Amy Howe 3/27/2018 1:47:11 PM
Do you think the Court may want to release Gill before Benisek?

by Paul 3/27/2018 1:47:16 PM
Has an opinion ever been mentioned in oral argument the same morning it came out?

by Gabriel 3/27/2018 1:51:54 PM
Good day to overturn sports betting ban so everyone can bet on the final four

by Vseved 3/27/2018 1:51:56 PM
1. Does the court ever hold back opinions once they're finished to release them at a specific time in the future? 2. For example let's say "Christie v. NCAA" was decided/written months ago, but they release it today to coincide with the "Final Four".

by Ricky 3/27/2018 1:52:40 PM
One box today, folks. For those of you who aren't regulars here, the number of boxes is a *rough* proxy for the number of opinions that we might expect.

by Amy Howe 3/27/2018 1:55:16 PM
Five-minute buzzer just sounded.

by Amy Howe 3/27/2018 1:55:23 PM
Has it happened that a decision is announced in a case argued by someone who is subsequently arguing in another case the same day as the first opinion is issued?

by courtwatcher 3/27/2018 1:55:42 PM
With Nebraska not making it into the NCAA tourney this year, who do you think Justice Thomas picked to win it all?

by Josh Segal 3/27/2018 1:57:04 PM
Any idea what's taking so long for "Wilson v. Sellers" (November) to be decided?

by Ricky 3/27/2018 1:57:43 PM
Headed in to wait for opinion(s). Back soon.

by Amy Howe 3/27/2018 1:58:25 PM
We have the first and only opinion in Hall v. Hall. It is by the Chief Justice, and it is reversed and remanded.

by Amy Howe 3/27/2018 2:01:23 PM
The Court holds that, when one of several cases consolidated under Federal Rule of Civil Procedure 42 is finally decided, that decision gives the losing part the immediate right to appeal, regardless of whether any of the other consolidated cases remain pending.

by Amy Howe 3/27/2018 2:02:11 PM
This was a messy family dispute over property and money in the Virgin Islands.

by Amy Howe 3/27/2018 2:02:28 PM
It is unanimous.

by Amy Howe 3/27/2018 2:02:38 PM
Presumably you mean that the Court below is reversed and remanded, rather than the CJ's opinion....

by Ilanin 3/27/2018 2:02:49 PM
Here's the court's opinion in Hall v. Hall. Howard Wasserman will have our analysis:
https://www.supremecourt.gov/opinions/17pdf/16-1150_3ebh.pdf

by Andrew Hamm 3/27/2018 2:03:23 PM
Wasn't Hall argued like 3 weeks ago?

by Nathan Curtiss 3/27/2018 2:04:07 PM
The Court's opinion concludes that the "normal rule is that a final 'decision' confers upon the losing party the immediate right to appeal. That rule provides clear guidance to litigants. Creating exceptions to such a critical step in litigation should not be undertaken lightly."

by Amy Howe 3/27/2018 2:04:27 PM
More: "If, as Samuel fears, our holding in his case were to give rise to practical problems for district courts and litigants, the appropriate Federal Rules Advisory Committees would certainly remain free to take the matter up and recommend revisions accordingly."

by Amy Howe 3/27/2018 2:05:17 PM
Last snippet: "Rule 42(a) did not purport to alter the settled understanding of the consequences of consolidation. That understanding makes clear that when one of several consolidated cases is finally decided, a disappointed litigant is free to seek review of that decision in the court of appeals."

by Amy Howe 3/27/2018 2:06:28 PM
As I think I mentioned earlier, this is the only decision for today.

by Amy Howe 3/27/2018 2:06:49 PM
Question? In regards to the travel ban oral argument happening on the last day of court term, I have been hearing how some senators and or other officials calling on the chief justice Roberts for the audio recording to be released that day after the oral argument. Since this is considered to be one of the biggest cases this term, do you think the justices will agree and probably release it afterwards.

by al 3/27/2018 2:07:56 PM
Are we getting any orders today?

by Conor 3/27/2018 2:09:07 PM
So did Hall win?

by Eric 3/27/2018 2:09:36 PM
There's a late breaking development on Wilson v Sellers in January that may have shaken things up. The GA supreme court issued some form of opinion.

www.scotusblog.com

by JC 3/27/2018 2:10:13 PM
Am I right in thinking that it's a bit odd that the Chief gave himself the opinion in such a dry procedural case?

by Ilanin 3/27/2018 2:11:28 PM
Sorry if I missed it, but will there be opinion(s) tomorrow?

by AS 3/27/2018 2:12:58 PM
Plurality of Court is Catholic so Loyola of Chicago logical pick for some justices.

by Vseved 3/27/2018 2:14:00 PM
Amy, Justice Alito devoted a rather lengthy portion of his opinion in Jennings responding to the dissenting opinion. This got me thinking - what does it say when a majority opinion devotes an entire section to respond to dissenting arguments? Sometimes majority opinions will do so merely in a footnote; others don't even acknowledge the dissent. Does a response to a dissent in the main body of a majority opinion impliedly acknowledge the relative force of the opposing justice's arguments?

by JD for the Win 3/27/2018 2:14:52 PM
I saw that Kennedy recused himself from a case that he had some involvement in when he was on the Ninth Circuit (!). That has to set some sort of record, no?

by Sco 3/27/2018 2:16:31 PM
Well have a Good Friday/ Passover and a happy warm Easter.

by Vseved 3/27/2018 2:16:45 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 »
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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

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