Scribble

Editor's Note :

Scribble

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

Live blog of opinions | March 29, 2017

Live blog of opinions | March 29, 2017

Feb. 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of February 15, 2019

Conference

Holiday

Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

3rd & 7 37yd

Good morning, everyone! Welcome to our live blog.

by Amy Howe 3/29/2017 1:44:07 PM

Comment ()
The Court hears oral arguments in two criminal cases today, Turner/Overton v. United States and Honeycutt v. United States.

by Amy Howe 3/29/2017 1:45:08 PM

Comment ()
We could also get opinions today in one or more argued cases.

by Amy Howe 3/29/2017 1:45:28 PM

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This blog's Andrew Hamm has helpfully compiled a list of outstanding cases from October through January. From October, there is only one case left: Manrique v. United States. Justice Clarence Thomas is the only justice who has not yet written for October, so you can do the math.

by Amy Howe 3/29/2017 1:46:40 PM

Comment ()
From November, there are three cases left: Venezuela v. Helmerich & Payne International, Bank of America v. Miami, and Sessions (formerly Lynch) v. Morales-Santana. Two justices have not yet written for this month -- Breyer and Ginsburg -- so we can expect them to be writing one each; pretty much anyone could be writing the third.

by Amy Howe 3/29/2017 1:49:10 PM

Comment ()
Lyle did an excellent blog discussion on Moore v. Texas. I miss him. still love the blog though.

by AnticipatingAmy 3/29/2017 1:49:11 PM

Comment ()
in a general sense how long does it take for the Court to deliver an opinion after hearing oral arguments?

by OLDNos 3/29/2017 1:49:33 PM

Comment ()
Any idea when it would be plausible to hear the opinion on Packingham v North Carolina?

by AnonMoose 3/29/2017 1:50:36 PM

Comment ()
For December, we have three justices who haven't written -- Roberts, Alito, and Kagan -- and two cases -- Jennings v. Rodriguez and McCrory v. Harris.

by Amy Howe 3/29/2017 1:53:14 PM

Comment ()
any ew news or opinion,on kindred health care case?

by michael stevens 3/29/2017 1:53:47 PM

Comment ()
The five-minute buzzer sounded, and we have one box of opinions.

by Amy Howe 3/29/2017 1:54:50 PM

Comment ()
Are there any exceptions to the rule that each justice gets an opinion from a sitting before anyone gets two?

by Shweetfeet 3/29/2017 1:54:51 PM

Comment ()
Any thoughts or rumors on when Dimaya could come down? (i.e. whether the "residual clause" portion of the crime-of-violence definition of 16b is void for vagueness in light of Scalia's Johnson opinion?)

by Tom 3/29/2017 1:56:03 PM

Comment ()
Amy is getting in line for the opinion(s) now.

by Edith Roberts 3/29/2017 1:58:38 PM

Comment ()
One decision, in Expressions Hair Design v Schniderman

by Edith Roberts 3/29/2017 2:01:51 PM

Comment ()
Roberts has opinion. Unanimous judgment.

by Edith Roberts 3/29/2017 2:02:11 PM

Comment ()
Issue is credit card fees; merchants who want to pass them on can impose a surcharge when you use a credit card or offer a discount when you use cash.

by Edith Roberts 3/29/2017 2:03:08 PM

Comment ()
NY has banned surcharges

by Edith Roberts 3/29/2017 2:03:16 PM

Comment ()
The question is whether ban regulates speech of merchants and if so whether the ban violates First Amendment

by Edith Roberts 3/29/2017 2:03:38 PM

Comment ()
The court concludes that the statute does regulate speech, sends case back to 2nd circuit to decide whether it is unconstitutional.

by Edith Roberts 3/29/2017 2:04:07 PM

Comment ()
Ruling for the merchants

by Edith Roberts 3/29/2017 2:04:12 PM

Comment ()
Ronald Mann will have our analysis in this case. Here is the opinion. www.supremecourt.gov

by Andrew Hamm 3/29/2017 2:04:30 PM

Comment ()
Breyer concurs in judgment; Sotomayor concurs in judgment, joined by Alito.

by Edith Roberts 3/29/2017 2:05:02 PM

Comment ()
Is this second Roberts opinion in Jan? (Meaning, among other things, he won't be writing Dimaya)

by BCS 3/29/2017 2:05:52 PM

Comment ()
That is all for today. Thanks for joining us!

by Edith Roberts 3/29/2017 2:07:33 PM

Comment ()
Does this mean next chance for opinions is not until April sitting - i.e., April 18?

by JH 3/29/2017 2:07:52 PM

Comment ()
Is this the first time for a Sotomayor-Alito joint concurrence?

by JC 3/29/2017 2:08:16 PM

Comment ()
Sure would make sense to distribute the opinions in some online format rather than printing them for the press.

by AnticipatingAmy 3/29/2017 2:09:02 PM

Comment ()
Okay, thank you, everybody!

by Andrew Hamm 3/29/2017 2:09:31 PM

Comment ()

Featured Posts

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann
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This Week at the Court
On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73