Live blog of orders and opinions - Monday, June 29, 2020
We live-blogged on Monday, June 29, as the court released orders form the June 25 conference and opinions in Seila Law v. Consumer Financial Protection Bureau, June Medical Services v. Russo and United States Agency for International Development v. Alliance for Open Society International. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology.
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I noticed that FMC Corp. v. Shoshone-Bannock Tribes is out of the 9th circuit, not the 10th, which sees quite a few tribal rights cases but could lead to Gorsuch recusals. Is there a sense that when a justice is elevated to the Court from a Circuit that we see less petitions granted from that circuit in the subsequent years, to try to avoid split decision scenarios?
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Concerning Mr. Pitt's question: Has there been any commentary on the possibility that the court was originally going to split on gender identity amd sexual orientation? It is curious that Kavanaugh's dissent is all about SO and just tacks on a footnote saying "all this applies to gender identity too."
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Brad, love your movies. I was one of the Bostock "switch" speculators. Not sure SA originally had the maj., but neither NG nor SA's opinions feel especially keyed to the other, and BMK's essentially ignores gender identity but for a passing reference. My speculation was that either the two issues originally came out different ways, or that NG's concurrence became the maj. op. in the course of opinion-writing
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"Opinion dumps" were a problem long before the Warren Court -- they were a function of the Court's practice then, no longer followed now at the end of the Term, of issuing opinions only on Mondays. Here's a Jackson List post about this problem in 1950, including quotes from and powerful Washington Post (probably written by great reporter, including at the Court, Chalmers Roberts) editorial criticism of this Court practice:
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For context thinking about when we will get opinions in the cases argued in May, SCOTUSblog has this great chart on the time between oral argument and opinions last term. It shows that last term, the median time between argument and decision was 97 days (the shortest was 36 days). We are about 50 days out from the first case argued in May.
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As a lay person who's in university to earn a paralegal's degree, I just wanted to say thanks to SCOTUSBlog for explaining complex legal language and decisions so that a lay person like me can understand and also a virtual 5 minute buzzer (since this was sent at 9:55).
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When opinions are done for the day, R numbers will appear in this column on the court's opinion page: https://www.supremecourt.gov/orders/ordersofthecourt/19
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