Live blog of orders and opinions - Monday, May 18, 2020
We live-blogged on Monday, May 18, as the Supreme Court released orders from the May 15 conference and its opinion in Opati v. Sudan. SCOTUSblog is sponsored by Casetext, the most intelligent way to search the law.
3rd & 7 37yd
3rd & 7 37yd
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The Court denied cert in Wexford Health v Garrett, involving whether a prisoner who does not exhaust – that is, bring his claim through – all of the internal administrative remedies available to him before filing a lawsuit can “cure” that failure to exhaust by filing an amended complaint after he is released from prison. Justice Thomas dissented from the denial of review, in a 3+ page opinion.
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I actually liked the new format of oral arguments (glitches aside) as there was actually time for a coherent, logical discussion of the issues. But, there needs to be a moderator who is in charge of muting and unmuting microphones. Doesn't the clerk (Ms. Talkin) sit across a large conference table from the Chief Justice? She can be responsible for the microphones, based on hand signals from the Chief Justice.
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On the new argument format, there has been some speculation that the justices have been maintaining some behind the scenes channel of communication that, say, let's the chief know when a justice who missed his or her turn was now unmuted and ready to ask questions.If so, are they using that channel to "pass notes" during arguments as they would on the bench? And if so, do you thing any of those messages include updates on Korean baseball league live scores?
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This is the time of year when the justices switch over to conferences on Thursday, so there will be another conference this week. This also means that the electronic dockets for the petitions on which the justices did not act should be updated very soon -- hopefully this morning.
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This is a ruling about whether the Foreign Sovereign Immunities Act bars a punitive damages award against Sudan for its role in the 1998 embassy bombings in Kenya and Tanzania. The D.C. Circuit ruled that it did, and now the court (with Kavanaugh recused) vacates that ruling.
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Re: Nassau County--is it possible that this case was in line for a per curiam opinion without argument reversing the Second Circuit like we've seen in other habeas corpus cases in recent years, but that something happened during/after drafting causing the justices to reconsider and deny cert?
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Thanks for joining everyone. Orders expected from this Thursday's conference next Tuesday, and we'll let you know if opinions are expected that morning as well by week's end. We'll be back each time there are opinions from here on out. Have a safe and relaxing long weekend!