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Editor's Note :

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Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

Live blog of orders and opinions | June 11, 2018

Live blog of orders and opinions | June 11, 2018

We live-blogged as the Supreme Court released orders from the June 7 conference and opinions in argued cases. The justices called for the views of the solicitor general in three cases involving the Foreign Sovereign Immunities Act: Sudan v. Owens, Opati v. Sudan and Sudan v. Opati. The justices also released their decisions in Husted v. A. Philip Randolph Institute, Sveen v. Melin, China Agritech Inc. v. Resh and Washington v. United States.

June 2019

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Conference of June 13, 2019

3rd & 7 37yd

The culverts case?

by Chris 6/11/2018 2:20:32 PM
Anticlimax.

by Col. Mustard 6/11/2018 2:20:33 PM
The last time we had an equally divided vote was in 2015 when the Court had 3 after the loss of Scalia. Before that was in 2010 when Kagan joined the Court. There were two that term.

by Adam Feldman 6/11/2018 2:21:24 PM
When they give you the last opinion of the day, do they say it's the last opinion? Or is it that you can see the box is empty?

by skc 6/11/2018 2:21:56 PM
I understand why the outcome of a case is kept secret, but why not let people know when opinions are going to be delivered?

by ayeayesur 6/11/2018 2:22:26 PM
Do we know which justices were on one side and which were on the other in the 4-4 case?

by bill 6/11/2018 2:23:10 PM
Did the marshall announce when they will hand down more opinions?

by ph 6/11/2018 2:23:36 PM
How does an equally divided Court impact the reverse seniority rule? Is an equally divided Court always considered "senior" and deliberately announced last, or is it just randomly placed by CJ?

by Ben Friedman 6/11/2018 2:24:11 PM
Why was Kennedy not a part of the Washington case?

by mgh 6/11/2018 2:24:31 PM
Do you have a projection from oral argument? Thanks!

by bill 6/11/2018 2:24:34 PM
In a 5-4 case is there any informal process for writing the "main" dissent (to the extent there is one), similar to the assignment of the majority opinion by senior justice in the majority?

by Glenn 6/11/2018 2:24:47 PM
Is there an audio feed from the Court to the press room? And if so, is it active during arguments?

by Richard Hoenes 6/11/2018 2:25:33 PM
I know that they have to decide a case within the term it's argued. When and how to they inform people that the case will be reargued in the next term if they can't decide it?

by ayeayesur 6/11/2018 2:26:19 PM
Any news on Ohio vs. American Express?

by SM 6/11/2018 2:28:25 PM
Do you sense any letdown that we did't get Carpenter, Janus or Gil opinions today?

by Matt Kilk 6/11/2018 2:29:16 PM
Is there a quick reference to find out how many opinions are outstanding?

by Bob 6/11/2018 2:30:06 PM
There's now a decent chance that Breyer is writing Benisek, in my view. If a "liberal" justice is writing, then Roberts or Kennedy would have assigned the opinion to them. Breyer and Kagan have most often written for the Court in gerrymandering cases, and her opinion today makes it unlikely she has another majority from March.

by RP 6/11/2018 2:30:13 PM
I'm going to get to work on my coverage of Husted and Sveen v. Melin. Hopefully others will be able to stick around and answer questions. I am also waiting for reporters to come down from the courtroom to fill us in on what was said, if anything, about possible decision days later this week. Thanks for joining us, and we will see you soon!

by Amy Howe 6/11/2018 2:30:22 PM
Is there any anti-Kennedy retirement tea leaf reading from the 4-4 affirmance? If they expected him to retire in a couple weeks, couldn't they order the case re-argued when they would have someone new?

by Richard 6/11/2018 2:31:00 PM
Okay, the buzzer just sounded to indicate that the justices are finished upstairs in the courtroom.

by Amy Howe 6/11/2018 2:31:02 PM
We will be back again for more opinions on Thursday! Hooray!

by Amy Howe 6/11/2018 2:31:56 PM
Does the SCOTUS tend to 'space out' big decisions to not fall on the same day to avoid overshadowing? Or they just announce whenever they are ready?

by DragonPup 6/11/2018 2:33:18 PM
My case Sturgeon v Frost 17-949 was listed in the June 7 conference but wasn't listed as denied this morning. Can anyone tell me what is going on?

by Sturgeon 6/11/2018 2:34:54 PM
Did they change their calendar at all to provide more non argument days? They still have many opinions and few calendered

by Shawn Posey 6/11/2018 2:35:18 PM
When a justice recuses from a case, do they participate in oral argument? Chooses not to ask questions but still sits to hear the case?

by Matthew Durst 6/11/2018 2:37:52 PM
When is the last day for Supreme Court to make decisions?

by Ed 6/11/2018 2:38:22 PM
@Bob Has the top chart on the statistics page been updated recently or am I reading it incorrectly? Masterpiece is still listed in red.

by Counts 6/11/2018 2:40:03 PM
How many opinions came down today? I'm aware of the Ohio one (got a notification on my phone), but any others?

by Paul 6/11/2018 2:42:42 PM
Will the identities of the Justices on each side of the 4-4 split in the Washington v. United States slip affirmance be disclosed? Or is the mere fact of a split all we get to know?

by Zack Att 6/11/2018 2:43:23 PM
Hi all, we're going to stop here for today's live blog. I'll post First Mondays in a moment. And our analyses of today's opinions (and Amy's report on the order list) will be forthcoming.

by Andrew Hamm 6/11/2018 2:46:56 PM
Back on Thursday!

by Andrew Hamm 6/11/2018 2:47:05 PM

Featured Posts

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe
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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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6
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10
Orders
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13
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17
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