Kagan has the opinion for the Court.
Decision of the D.C. Circuit is reversed and remanded.
Alito did not participate.
Scalia dissents, joined by Thomas.
Holding: Federal Power Act provides FERC with the authority to regulate wholesale market operators' compensation of demand response bids.
The analysis is in 3 parts: The practices at issue directly affect wholesale rates.
FERC has not regulated retail sales.
Taken together, these conclusions establish that the rule applies the Power Act's plain terms.
The contrary view would conflict with the Power Act's core purposes.
Lyle will cover this one for us. There will be more.
And because the Justices announce in order of reverse seniority, it could still come from any of the Justices, because Kagan is the most junior Justice (which is probably why she got this opinion).
The FERC cases were argued on October 14, by the way.
Second opinion by Alito, who is not here. So Chief announced.
Menominee Indian Tribe v. Wisconsin.
The decision of the D.C. Circuit is affirmed by a unanimous Court.
The holding is: Equitable tolling does not apply to the presentment of the tribe's claims.
There is still more to come.
The decision of the Fifth Circuit is affirmed.
Justice Thomas announces the opinion for a unanimous Court.
The holdings: (1) A sufficiency challenge should be assessed against the elements of the charged crime, not against the elements put forth in an erroneous jury instruction.
(2) A defendant cannot successfully raise a statute of limitations bar for the first time on appeal.
Musacchio was argued on November 30 -- but technically part of the December sitting.
The decision of the LA Supreme Court is reversed and remanded. Vote is 6-3, not 5-4.
There are two holdings: (1) the Court has jurisdiction to decide whether the Louisiana Supreme Court correctly refused to give retroactive effect to Miller v. Alabama.
(2) Miller's prohibition on mandatory life without parole for juvenile offenders announced a new substantive rule that IS retroactive in cases of state collateral review.
Opinion is by AMK, joined by everyone but Scalia, Thomas, and Alito.
Scalia filed a dissent joined by Thomas and Alito.
And Thomas filed dissenting opinion of his own.
Okay, so that was a pretty exciting day.
No oral dissent in Montgoimery.
Chief Justices thanks Court staff for making it to work today. Court now in recess until Conference on Feb. 19.
The Court every term has two four-week recesses, between Dec. and Jan. and between Jan. and Feb.
Thanks so much for joining us today. We'll have plenty of coverage of today's opinions throughout the day: Lyle is already at work, as is Ronald Mann up in New York on Menominee. But it's somewhat sad to sign off, because we won't be live-blogging again until late February, when the Justices return from their winter recess. Presumably we will have orders from the February 19 conference on February 22, and if there are opinions we could get them on Tuesday, 2/23. Hopefully all of this snow will be gone by then, although I am frankly not all that confident. Take care, and type to you next month!