Good morning and welcome to the live blog.
Tom, Amy and Lyle will be joining us shortly.
Good morning from the Court's press room. The Court is open and functioning.
Good morning and welcome to our first live blog of the new Term, sponsored by Bloomberg Law.
A very long list, as usual, of summer petitions from which to choose grants. Any orders today are expected to be grants only. Any further orders out of yesterday's Conference will be released at 9:30 a.m. next Monday -- the formal opening day.
One set of petitions that everyone is watching closely is a group of nine petitions dealing with the EPA's authority to regulate greenhouse gases.
As Lyle has noted today and in an earlier post, the Court is running today notwithstanding the government shutdown, and it has announced that it will continue to operate as normal through October 4 (Friday).
It only takes one Justice to ask for a response when that has been waived, so little can be read into such a request about cert grant.
My first term year was 1958. Too early in the day to do the math.
The Court will almost certainly grant more cases today than it does at any other time of the year, but it's still a very low percentage of the overall number of cases.
Given the high number of cases that the Justices considered yesterday, it is also likely that the Court won't act on some of the cases at all and will instead carry them over to the next Conference, which won't be so overwhelming.
In particular, although the Court could grant one or more of the greenhouse gas cases today, it would not be that surprising if it didn't act on those this week and instead waited until next week so that, if it were going to grant, it could decide which cases it wanted to grant and on which questions.
Lots of interest, especially with the business press, in the Argentine bond case --12-1494. However, there has been a later 2d Circuit decision, and Argentina's lawyers have suggested the Court may want to hold this first petition to await a later one.
Grants coming very soon. We are standing by!
12-1163, Hymark v. Allcare Health Management
12-1173, Brandt Revocable Trust v. US
12-1184, Octane Fitness v. Icon Health and Fitness
12-1408, US v. Quality Stores
12-9490, Navarette v. California. Grant limited to question one presented by the petition.
There are other miscellaneous orders. For example, in the Schuette affirmative action case, the Court has a division of argument order: 15 minutes for respondents Cantrell, 15 minutes for Coalition to Defend Affirmative Action. Kagan is recused.
There is an order in Atlantic Marine case; the Court denied a motion by Stephen Sacks to argue as an amicus, but adds that the parties should be prepared to address the arguments that he makes in his amicus briefs.
The SG is allowed divided argument in DaimlerChrysler v. Bauman and Heimeshoff v. Hartford Life Insurance.
One cert. denial, in 12-10915, Gore v. Cruz.
Most of these new grants are likely to be scheduled for January.
Sorry -- Senator Cruz is not involved in 12-10915. It's Crews.
So not exactly a blockbuster day in terms of either the number of grants or the cases that they granted, but there's some interesting stuff in there. Thanks for joining us, and we'll see you again soon!