Good morning from the Court's press room.
Good morning, everyone! Welcome to the March 5 edition of our live blog, sponsored by Bloomberg Law.
We expect one or more opinions in argued cases this morning. Lyle Denniston, our reporter at the Court, will relay us to them as they are released.
As is (almost) always the case, we don't know in advance which opinions we will get. Yesterday the Court took yet another step toward clearing the decks of the October and November sittings of all but the high-profile cases. So all we have left from October sitting are McCutcheon v. FEC (campaign finance) and Schuette v. Coalition to Defend Affirmative Action (affirmative action). From November, we have Bond v. US, Town of Greece v. Galloway, and Rosemond v. United States.
Today will be a two box day, likely meaning 2 or 3 opinions.
In terms of what other opinions we could get, most of the December cases are also fair game, as are some of the January cases in which the Justices aren't divided -- we got the first January opinion, in Law v. Siegel, yesterday from Justice Scalia.
Here's Lyle. We have the first opinion. Rosemond v. United States.
Justice Kagan has the Court's opinion. There is a partial dissent. Vote appears to be 7-2 on that part. Justice Alito concurs in part and dissents in part, joined by Justice Thomas.
Justice Scalia does not join one of the footnotes. This is a case involving the question of the bar on using or carrying a firearm during a drug crime. The Court holds that the government establishes a violation of this law or that the defendant aided or abetted a violation by proving that the defendant actively participated in the underlying drug crime, with advance knowledge that a confederate would use or carry a gun during the commission of the crime.
In the second part of the decision, the Court rules that the trial judge's jury instructions were erroneous, and the case is remanded to determine whether that was a harmless error.
The second opinion is in BG Group v. Argentina. The opinion is by Justice Breyer.
The vote appears to be 7-2. Chief Justice Roberts dissents, joined by Kennedy. Sotomayor has a separate concurrence in part.
The Court rules that a court of the United States, in reviewing an arbitration award under a treaty between the UK and Argentina, should interpret and apply threshold provisions concerning arbitration using the framework developed for interpreting similar provisions in ordinary contracts.
The decision of the D.C. Circuit is reversed.
Goldstein & Russell, P.C., whose attorneys contribute to this blog, was among the counsel to the petitioner in BG Group.
We still have at least one more opinion. The Justices announce in order of reverse seniority, so we won't be hearing anymore from Justices Kagan, Sotomayor, or Alito today.
We have the third and final opinion.
This is Lozano v. Alvarez.
The opinion is for the Court by Justice Thomas. The Court is unanimous except that Justice Alito has concurred, joined by Justices Breyer and Sotomayor.
The Second Circuit is affirmed. The Court rules that, under the Hague Convention on child abduction, the one-year period for filing a petition for the child's removal is not subject to equitable tolling.
I covered this case for the blog and will have a report later today.
That's all we have for today. We will have reports on today's argument in Halliburton later on this afternoon, I hope, as well as analyses of today's three decisions. Thanks so much for joining us, and we hope to be back here again with you soon!