Live blog of orders and opinions | April 3, 2017
3rd & 7 37yd
3rd & 7 37yd
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We are expecting orders from last week's conference in a few minutes.
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Will we get something in Masterpiece Cakeshop, the challenge by a Colorado cake artist who believes that compelling him to create a cake for same-sex marriage celebrations violates his religious beliefs? It has been relisted several times, so we may know soon.
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Question is whether Alien Tort Statute, which gives district courts jurisdiction over civil cases by noncitizens for torts committed in violation of the law of nations categorically forecloses corporate liability
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Why didn't they also grant cert in Licci v. Lebanese Canadian Bank, which has the same or nearly the same issue as in Jesner v. Arab Bank?
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Good morning! Why is it only "a possibility of opinions" this Term? Previous Terms it was phrased as "we will have opinions."
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When and how do you find out whether there will be opinions on a given day? Do you just have to wait until 9AM and see if anything shows up, or does someone whisper to you?
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What are the prospects of soon-to-be-Justice Gorsuch hearing the cases during the April sitting?
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Not sure what opinions we will get today. There's still one case left undecided from the October sitting, Manrique v. United States, and Thomas is the only justice without an opinion from that sitting.
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There are three cases left from November and two from December.
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Roberts has written four opinions so far, followed by Kennedy and Sotomayor with three each and the rest with two each.
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Is it true that you know the number of opinions by the number of boxes you see? Many boxes, more than one opinions?
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Another Gorsuch question - how will he handle the clerk situation between now and OT 2017? Bring his CA10 clerks along? Hire clerks now for a year-and-a-half term?
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Officially, does Judge Gorsuch begin preemptively working on cases he may sit on? It seems to me that two weeks worth of time is quite short to prepare for oral argument on a questions you're unfamiliar with. I figure he can always just read the cases and briefs himself, but I'm still curious.
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Last week we had a question about the length of time it takes for the court to deliver an opinion after hearing oral argument. Amy said it can vary dramatically from three weeks to many months, depending on who is writing, how long the opinion is, and whether/how the court is divided.
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Of the 20 argued cases the court has decided so far this term, four have been decided within two months. They were all unanimous, with an average opinion length of 13.5 pages. Sotomayor wrote two of them.
Bravo-Fernandez v. United States, by Ginsburg, 8-0, 19 pages (1 month, 25 days)
Samsung Electronics v. Apple, by Sotomayor, 8-0, 9 pages (1 month, 26 days)
State Farm Fire and Casualty Co. v. United States ex rel. Rigsby, by Kennedy, 8-0, 10 pages (1 month, 5 days)
Lightfoot v. Cendant Mortgage Corporation, by Sotomayor, 8-0, 16 pages (1 month, 10 days) -
Six took over four months. None were unanimous, with an average opinion length of about 19 pages. Roberts wrote two of them.
Buck v. Davis, by Roberts, 6-2, 26 pages (4 months, 17 days)
Manuel v. City of Joliet, by Kagan, 6-2, 15 pages (5 months, 16 days)
Pena-Rodriguez v. Colorado, by Kennedy, 5-3, 21 pages (4 months, 26 days)
Star Athletica, LLC v. Varsity Brands, by Thomas, 6-2, 17 pages (4 months, 22 days)
SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, by Alito, 7-1, 16 pages (4 months, 20 days)
National Labor Relations Board v. SW General, Inc., by Roberts, 6-2, 20 pages (4 months, 14 days) -
What are the possibilities for an opinion in lynch v. Morales-santana today?
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There are five cases that have been pending for at least four months since argument.
Manrique v. United States (since October 11)
Venezuela v. Helmerich & Payne International (since November 2)
Bank of America Corp. v. City of Miami (since November 8)
Sessions v. Morales-Santana (since November 9)
Jennings v. Rodriguez (since November 30) -
Looks like one box of opinions today, although of course we don't know how many or which ones.
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Last week Sotomayor wrote a concurring opinion in Expressions Hair Design v. Schneiderman, which Alito joined. One reader asked if this was the first time they concurred together like this.
I found two earlier examples, but I'm happy to be alerted to other instances in case a reader knows one I missed.
Tapia v. United States (10-5400) – A 9-0 Kagan decision in which Sotomayor filed a concurring opinion joined by Alito.
Cuozzo Speed Technologies, LLC v. Lee (15-446) – An 6-2 Breyer decision in which Alito filed an opinion concurring in part and dissenting in part joined by Sotomayor. -
Anyone compiled how many cases where 9th justice would have changed the result this term.?
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Here is the opinion in McLane Co. v. EEOC. Charlotte Garden will have our analysis. www.supremecourt.gov
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Title VII of the Civil Rights Act allows EEOC to issue a subpoena to get evidence from an employer. The statute authorizes district court to issue order to enforce subpoena. QUestion is standard of review of district court order to enforce or quash subpoena.
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Ninth Circuit said de novo; today court says abuse of discretion.
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IT is a separate offense to use or possess a firearm in connection with drug trafficking crimes. If you do so, there's a mandatory minimum sentence of 5 years for first conviction, 25 years for second
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The sentences are in addition to and consecutive to whatever you get for the underlying offense.
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Douglas Berman will have our analysis in Dean v. US. Here is the opinion. www.supremecourt.gov
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Question was whether when judge is deciding sentence for underlying offense, he or she can consider whether you are going to serve the mandatory minimums for possessing a firearm as well.
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Supreme Court says sentencing court can consider it.
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In McLane, 6 of 7 justices joined Sotomayor's opinion in full; Ginsburg concurred in part and dissented in part, agreeing that abuse of discretion is usually right standard, but would still affirm 9th circuit's judgment in this case.
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Can Gorsuch join an opinion on a case heard before he is sworn in? Specially thinking of any possible 4-4 cases already heard.
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Why would a case's conference typically be rescheduled? I am referring to Peruta v San Diego being rescheduled prior to two conferences now.
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Is Lee vs. US going to be decided today? I have a history paper due on it today, and it would be very interesting if it's decided today.
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Okay, thank you very much, everyone. The justices will have their next conference on April 13. The April sitting will begin on April 17.