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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.

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

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1	2 NASRALLAH V. BARR (18-1432) DEPT. OF HOMELAND SEC. V. THURAISSIGIAM (19-161) Orders	3 SEILA LAW V. CFPB (19-7) LIU V. SEC (18-1501) Opinions	4 JUNE MEDICAL SERVICES V. GEE (18-1323)	5	6 Conference	7
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22	23 Orders UNITED STATES V. BRIGGS (19-108) PATENT & TRADEMARK V. BOOKING.COM (19-46)	24 GOOGLE V. ORACLE (18-956) TANZIN V. TANVIR (19-71)	25 CARNEY V. ADAMS (19-309) USAID V. ALLIANCE FOR OPEN SOCIETY INTERNATIONAL (19-177)	26	27 Conference	28
29	30 Orders TORRES V. MADRID (19-292) PEREIDA V. BARR (19-438)	31 TRUMP V. MAZARS (19-715) TRUMP V. VANCE (19-635)

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Cases granted for this term	67
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Editor's Note :

Scribble

Live blog of orders and opinions | June 11, 2018

Featured Posts

Symposium: No. The founders did not want Congress doing criminal investigations - even of Trump – W. Burlette Carter

Symposium: Mazars and Vance may be political blockbusters, but they aren’t legal ones – Brianne Gorod and Ashwin Phatak

Symposium: Justices to tackle disputes over access to Trump financial records – Amy Howe

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Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Special Features

OT2019 Merits Docket

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Mar. 2020

Download our Apple or Android App

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award