Good morning and welcome to the live blog. Thanks so much for joining us! We will be getting started in just a moment.
Good morning, everyone! Welcome to our live blog, sponsored by Bloomberg Law.
Around here, THIS is the most wonderful time of the year.
I know that most people are waiting for opinions on argued cases, which will come at 10. First, though, we will get orders from last week’s conference.
As John Elwood has chronicled, the petitions on the list to really focus on are those that the Court has relisted at least once, because this year it has had a consistent practice of only granting petitions that have been relisted.
There were two cases on last week's Conference in which the Court had invited the Solicitor General to file a brief expressing the views of the United States: Medtronic v. Stengel, involving preemption (or lack thereof) of state-law claims by the Medical Devices Amendments to the federal Food, Drug, and Cosmetic Act, and Young v. UPS, involving the Pregnancy Discrimination Act.
The Solicitor General recommended that both Medtronic v. Stengel and Young v. UPS be denied, although the recommendation in Young was what we have called a “soft” deny: he agrees with Young that the decision below was wrong and he acknowledges that the question presented in the case is “important and recurring,” but he nonetheless says that review is not warranted because of an intervening law and the prospect of new guidance from the EEOC.
As far as opinions, which we can also discuss more after orders, we don’t know either how many opinions we will get or which ones.
I do think that the Court is unlikely to release the decisions in Hobby Lobby (contraception mandate), the cellphone privacy cases, or ABC v. Aereo (Internet TV streaming) until the bitter end, but I think that the rest of the cases are pretty much fair game. We will know soon enough.
Good morning from the Court press room.
For those asking, the NJ sports betting cases (three petitions) were on this week's list, which, if the normal practice is followed, there won't be an order on them today. Always a chance, though.
We are hunkering down for orders now, but will answer some more of your questions about opinions after that.
Here's Lyle. There are three grants.
13-1080, DOT v. Ass'n of Am Railroads
13-1211 Hana Financial v. Hana Bank
13-9026, Whitfield v. United States
The sports betting cases have been denied. All three.
The Wisconsin abortion hospital privileges case has been denied. 13-1127. It is a pre-trial appeal.
The Medtronic v. Stengel case has been denied.
The Court has apparently
relisted two Federal Tort Claims Act cases, US v. Wong, and US v. June, for a second time.
13-1126, Owner-Operator Independent Drivers Association v. DOT, has been denied.
Again following its apparent practice, all of the grants today had been relisted at least once.
Lyle reports that the DOT case is the first time since 1935 that a federal statute has been struck down under the nondelegation doctrine.