Live blog of orders and opinions | June 15, 2015
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Good morning and welcome to our live blog of orders and opinions. Thanks for joining us! We will be getting started in a few moments.
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Meanwhile, Kevin Russell tells us that Jim Obergefell is at the front of the public line to get into the Court for opinions this morning.
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Do parties to cases pending opinion have an easier time getting into the courtroom for opinion days, or did Mr. Obergefell have to (pay someone to?) wait in line like everyone else?
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Would they tell him in advance that his case is coming up?
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We are expecting orders from last week's conference at 9:30. Lyle will relay them to us as they are released.
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Among others, we are waiting on Fisher v. UT Austin, the affirmative action case (round 2), and the Mississippi abortion case, which became even more interesting in light of last week's decision by the Fifth Circuit on Texas abortion restrictions.
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After orders at 9:30, we will switch over to talking about opinions, which we expect at 10 am.
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Is the Monday order list typically posted on the Court's website at the same time it is released at the press room, or does that typically happen later in the day?
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We have two grants. Dollar General v. Mississippi Band of Choctaw and Bruce v. Samuels.
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They did not act on either Fisher v. UT Austin or Currier v. Jackson Health, the Mississippi abortion case.
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The QP is: Whether, when a prisoner files more than one case or appeal in the federal courts in forma pauperis, the Prison Litigation Reform Act, 28 U.S.C. § 1915(b)(2), caps the monthly exaction of filing fees at 20% of the prisoner's monthly income regardless of the number of cases or appeals for which he owes filing fees.
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There is a denial in Hittson v. Chatman; RBG joined by Kagan concurs in the denial with a separate opinion. Interesting.
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The question in Dollar General is: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members. Our page is here.
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I don't remember a separate written concurrence on a denial of cert before. Just separate dissents.
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Again no action on Fisher or abortion case. It seems either wing could get four votes to grant review...you think opinions being drafter regarding denial?
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The SG had recommended that cert. be denied in Dollar General, but the Court granted anyway.
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The order list also contains a whole slew of GVRs of petitions filed by Bank of America in the wake of Bank of America v. Caulkett, the bankruptcy/underwater mortgages case decided earlier this spring.
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The North Carolina ultrasound case to which I referred earlier was 14-1172, Walker-McGill v. Stuart. Justice Scalia dissented from the denial, although apparently without an opinion.
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North Carolina was asking the Supreme Court to review a ruling by the Fourth Circuit that blocked a state law requiring a woman to have a narrated ultrasound before she could have an abortion from going into effect.
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I know the Court takes the bench to issue opinions. Does the Court also take the bench for orders or is that handled by the Clerk's office?
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When the Court grants a motion for leave to file a brief as amicus curiae, yet denies the petition for certiorari, do amici curiae typically file those briefs, or do they desist?
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Okay, let's start talking about opinions now. We have sixteen minutes until 10 am, when the Court will start to release opinions.
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As is virtually always the case (unless it is the last day of the Term), we don't know what we are getting today. It could, at least in theory, be any of the cases that are outstanding.
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Having said that, the conventional wisdom is that the super big cases are not likely to come out until the end of the Term. And by super big (a highly technical term), I mean Obergefell (same-sex marriage) and King (ACA subsidies).
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I would also put Glossip v. Gross, the OK lethal injection challenge, in the category of not-likely-to-happen-today.
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Has Jim Obergefell previously attended any O&O days this term? I'm unsuccessfully trying to not read too much into his presence at the front of the line.
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J. Ginsburg' concurrence in cert denial in AEDPA case invites 11th cir. to grant en banc review to correct its error. Justice Ginsburg likes invitations. Invited Congress to overturn Ledbetter, Shelby County papers.ssrn.com …
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If I had to bet on a "big" case for today, it would be the Texas Fair Housing Act case, which was argued in January.
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Also the Arizona redistricting commission case, which was argued in early March. But this is all just speculation.
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Is there any particular reason to wait? I can understand large cases taking longer to write opinions on but is it just tradition or is there another reason to wait until the end of the term?
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Any idea how to pronounce "Obergefell?" USA Today had an extremely cryptic pronunciation parenthetical a couple months ago that seemed to indicate stress was on the "O" which couldn't possibly be right...
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While I understand that practitioners before the court may be reluctant on this question, I do wonder whether the retention of the "big" cases for the last day of the term is a build up of drama, much in keeping with theme of court drama as seen in film / TV?
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Reed and Texas DHCA are the two January cases still to report an opinion. I note that neither Thomas nor Kennedy has written from the January cases. Most likely that one is writing Reed and the other fair housing?
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Obergefell has said that he plans on attending every decision day until the court case comes down. Chris Geidner mentioned it on his twitter.
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Amy, I think "super big" is the perfect phrase for both of those cases.
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