Scribble

Editor's Note :

Scribble

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee

Live blog of opinions | March 29, 2017

Live blog of opinions | March 29, 2017

Dec. 2018

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Conference of December 7, 2018

Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

Conference

Orders

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Holiday

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

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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

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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

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee
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This Week at the Court
The Supreme Court released orders from the December 7 conference on Monday; the justices added Kisor v. Wilkie to their merits docket for this term. The justices also released their decision in United States v. Stitt on Monday.
The justices will meet next for their January 4 conference. The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- 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.
- In re Department of Commerce
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57