Scribble

Editor's Note :

Scribble

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee

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.

Dec. 2018

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Sigma Delta Chi

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Silver Gavel Award

American Gavel Award

Webby Award

Conference of December 7, 2018

Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

Conference

Orders

Opinions

Holiday

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

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee
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This Week at the Court
The Supreme Court released orders from the December 7 conference on Monday; the justices added Kisor v. Wilkie to their merits docket for this term. The justices also released their decision in United States v. Stitt on Monday.
The justices will meet next for their January 4 conference. The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- 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.
- In re Department of Commerce
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57