The most notable holding is a 5-4 ruling by the Court (on ideological lines) limiting EPA's ability to regulate greenhouse gases. But the EPA likely has other tools to fill in the gap created by today's decision.
Not sure whether Scalia is still reading or someone else is. Hope to have Lyle back soon.
But given how the vote breaks down, even that could take a while to read.
In case any of you are wondering, there are just short of 10K of you waiting for Lyle.
As I read the greenhouse gas ruling, the Court says that the EPA can't limit the creation of stationary sources on the ground that they will emit greenhouse gases, but says that if the sources are subject to regulation on other grounds it can limit their emissions of greenhouse gases.
We have the third and last. Halliburton v. Erica P. JOhn.
The decision of the Fifth Circuit is vacated and remanded. The Chief has the opinion for the Court.
The Court concludes that Halliburton has not shown a special justification for overruling the Basic Inc. v. Levinson presumption of reliance.
The Court says that defendants can rebut the presumption of reliance before class certification by showing a lack of price impact.
That is it. There are no dissents.
Scalia read in greenhouse gases for a long time; no one else read. In the oral opinion, he opined that EPA got most of what it wanted because the opinion allowed it to regulate 83% of the sources of GHGs.
In response to a lot of questions: there are -- by my count -- seven cases left to be decided.
From January: NLRB v. Noel Canning (recess appointments), McCullen v. Coakley (abortion clinic buffer zones), and Harris v. Quinn (public employee labor unions).
From March: Hobby Lobby and Fifth Third v. Dudenhoffer.
From April: ABC v. Aereo, Riley v. California, and US v. Wurie.
So the Court could conceivably issue all of the remaining opinions on Wednesday and Thursday -- it's not like there are so many that they wouldn't want to put them all into two sessions. It's just a question of whether they are ready.
The Court has just begin admitting counsel to its bar; that
We won't know until the end of the session Thursday whether there will be opinions on Monday, June 30. The Court has at least left open the possibility that it could do so.
Just to answer a few common questions: the Court is scheduled to sit again to release opinions on Wednesday and Thursday of this week. Those are additional days that were added to the calendar at the end of last week. The Court is also scheduled to sit again next Monday, June 30; we just don't know whether it will issue opinions that day as well.
Okay, that's all we've got for now. Thanks for joining us, and we hope to see you back here on Wednesday at 9:45 (or maybe even a little earlier) for more opinions.