Good morning, everyone! Welcome to our live blog of today's orders and opinion(s), sponsored by Bloomberg Law.
We will first be reporting on orders from the March 7 Conference, which we are expecting at 9:30 a.m. Then, after a short break, we will report on decisions in argued cases, which we are expecting at 10 a.m.
As always, Lyle Denniston, our reporter extraordinaire at the Court, will relay information to us as it is released, and then we will pass it on to you.
And also, as is (almost) always the case, we don't know which opinions we will get today, nor do we know how many.
Good morning from the Court'
Lots of questions/comments about Schuette v. Coalition to Defend Affirmative Action, the challenge to Michigan's ban on the use of affirmative action by public universities. It is one of two cases remaining from the Court's October sitting; the other is McCutcheon v. FEC, the campaign finance case. For these high-profile cases for which there are likely to be multiple opinions, I'm going to go ahead and say that it wouldn't be a big surprise if we got a decision, but it also wouldn't surprise me if it took much longer.
The Court does not announce opinions in advance because it has a tradition that any Justice can call back an opinion on the way to the bench to announce. That doesn't happen often, but that is the main reason.
And while we are waiting, let's wish a happy anniversary to New York Times v. Sullivan, which was released fifty years ago yesterday.
Will today be the day for what John Elwood has called the Susan Lucci of relists, Ryan v. Hurles -- which has appeared in John's popular Relist Watch feature a whopping fourteen times? We will know soon.
Here's Lyle. There is one grant. Public Employees Retirement System of MS v. Indymac. There are two CVSGs: Bank of America v. Rose & Missouri ex rel ACPNL v. Missouri Public Service Commission.
The denials include the Easton case, involving breast-cancer awareness bracelets. The Court has also denied in the Falls Church case.
Still no order in Ryan v. Hurles, which presumably will be relisted again.
The IndyMac case granted today -- the only grant -- is about tolling the statute of limitations when a class action is filed.
13-679, the Mutual First Federal Credit Union v. Charvat, has been denied.
The FLSA case, Catsimatidis v. Irizarry, has also been denied.
The Missouri case sent to the Solicitor General involves electric power rates. Our case page is
The Bank of America case sent to the SG involves private enforcement of the Truth in Savings Act.
Just to be clear, this week we are only expecting opinions today, because the Justices are not sitting for the rest of the week. They will return on March 24, with oral arguments in the Affordable Care Act contraception mandate case on March 25.
We have gotten a lot of questions about whether we might get a decision in specific cases today. The Court has already issued five decisions from its December sitting, so we could certainly see decisions in other December cases today. We just don't know; a lot depends on who is writing a particular opinion and how divided the Justices are in that case.
One box; likely one or two opinions.
Teva (13-854) not on the list. Was considered.
Buzzer on 5 minutes to the public session.
Here's Lyle. We have the first and only opinion. Marvin Brandt Revocable Trust v. US
The decision of the Tenth Circuit is reversed, per the Chief. The vote is 8-1; Sotomayor dissents.
This is the rails to trails case.
The Court holds that the right of way was an easement that was terminated when the railroad abandoned it, thus leaving the Brandt land unburdened.
This was another case argued in January -- January 14, to be exact. Lyle covered the oral argument for us and will have an analysis later on today.
I'm reliably told that my comment below is wrong -- that if five vote to summarily reverse and four vote to grant (none voting to deny) the case gets set down for argument.
That's all we have for today. We will be back on March 24 with orders from the March 21 Conference. No live blog for that, but hopefully opinions later on that week. Stay tuned, and thanks for joining us!