Scribble

Editor's Note :

Scribble

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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.

Feb. 2019

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Conference of February 15, 2019

Conference

Holiday

Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann
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This Week at the Court
On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73