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Live blog of orders and opinions | June 25, 2018 (with John Elwood and First Mondays)

We live-blogged as the Supreme Court released orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.). The justices added seven new cases to their merits docket for next term. The justices announced their decisions in Abbott v. Perez and Ohio v. American Express Co. Guest bloggers from First Mondays and John Elwood of Relist Watch also joined us.

3rd & 7 37yd

I always felt that protesting in front of the Supreme Court was an odd thing to do... the Justices are supposed to be above the popular passions of democracy and apply the law as written, so no signs outside the Court should make a difference to them!

by Sam Z 6/25/2018 1:44:02 PM
Does the Court like to space out opinions for cases with a lot of national attention? Is it unlikely we get Janus and Trump v. Hawaii in the same day?

by John 6/25/2018 1:45:29 PM
@Eric, do you have any guesses on boxes/cases today?

by Nate 6/25/2018 1:45:32 PM
Amy, your prediction for Janus?

by Charles 6/25/2018 1:46:09 PM
Kevin Russel, the protests clearly had an effect on the court in Casey. It may not have been the effect the protesters wanted, but they were referenced in the opinion.

by Howie 6/25/2018 1:46:30 PM
The Janus opinion has to be released today... right?

by Sam Z 6/25/2018 1:46:50 PM
Has Justice Ginsburg’s flying unicorn made its appearance yet today?

by Guest 6/25/2018 1:47:01 PM
If they don’t include a case in the orders sheet does that mean it’s been relisted?

by swampmonster 6/25/2018 1:47:32 PM
I'm betting Janus is the very last one they will release because it will affect the most people. And if it goes the way I fear, it will hurt many people.

by LJ 6/25/2018 1:49:00 PM
Isn't today the last scheduled day for the Court to issue opinions? Or do folks expect opinions the rest of this week?

by Ed 6/25/2018 1:50:55 PM
I feel like no one but me is here for the Florida v. Georgia decision...

by David W. 6/25/2018 1:51:04 PM
Why would they wait another day? Do they have loose ends to tie up? Or just to spread out controversial decisions?

by wustl-bears 6/25/2018 1:51:26 PM
I'm betting Hawai`i is the last opinion released on Thursday as it will uoheld the Executive orders.

by Dr Karl Hoppe 6/25/2018 1:51:53 PM
Interesting. The government told the Court that Kumar v. Republic of Sudan was a "more suitable vehicle" than Republic of Sudan v. Harrison, but the Court took Harrison anyway.

https://www.supremecourt.gov/DocketPDF/16/16-1094/47798/20180522175448831_16-1094%20Sudan.pdf#page=13

by John Elwood 6/25/2018 1:51:57 PM
@DavidW. Didn't the SEC season already decide that on the field?

by Tasini 6/25/2018 1:52:16 PM
Do we have an idea on who is writing Trump? Seems like Alito has been penciled in on Janus for a while. Are we thinking the Chief is taking this?

by John 6/25/2018 1:53:25 PM
Does no action on Bearcomesout suggest they're going to schedule another conference?

by Steve 6/25/2018 1:53:59 PM
Is today the last day for decisions, or they going to also come back Thursday?

by chris 6/25/2018 1:54:28 PM
Five minute buzzer just sounded, no boxes yet.

by Amy Howe 6/25/2018 1:55:27 PM
So how about those dual sovereignty/double jeopardy cases that have been hanging around all term? They're not on the list.

by John Regan 6/25/2018 1:55:30 PM
A look at the media setup outside, per Erica.

by Jon Levitan 6/25/2018 1:55:38 PM
Of the remaining six opinions how many could the Court easily punt, since that seems to be their go to option this year

by TheIntern 6/25/2018 1:55:44 PM
One box today, folks. I think we are not finishing the term today.

by Amy Howe 6/25/2018 1:56:12 PM
If a case isn't on the orders list today, does that mean Sept/Oct is the next time we could see some movement?

by GB 6/25/2018 1:56:47 PM
As an non citizen from Canada, i find it exciting to see your system in action. Bring it on.

by Pierre-Luc Gagnon 6/25/2018 1:57:31 PM
Any chance that the decision in Trump v. Hawaii will rule the executive orders unconstitutional, or is it generally accepted at this point that they'll be upheld?

by aspiringlawstudent 6/25/2018 1:58:10 PM
It's time to go in, folks! Back soon!

by Amy Howe 6/25/2018 1:59:11 PM
Florida v. Georgia is a huge deal to the States involved, and a very small deal to the rest of the People. I can't imagine a bigger spread in any case in that regard. I'm thinking that's the one we get today.

by Eric Citron 6/25/2018 2:00:21 PM
Also, because today is a scheduled sitting, I'm guessing there will be a bunch of attorney admissions at the outset. That means we might be waiting longer than usual for the announcements.

by Eric Citron 6/25/2018 2:01:23 PM
We have the first opinion. It is the Texas racial gerrymandering case, Abbott v. Perez. It is by Justice Alito, it is 5-4.

by Amy Howe 6/25/2018 2:02:12 PM
Court holds that all but one of the legislative districts under review is lawful.

by Amy Howe 6/25/2018 2:02:33 PM
Here's the opinion in Abbott v. Perez. Amy Howe will have our analysis:

https://www.supremecourt.gov/opinions/17pdf/17-586_o7kq.pdf

by Andrew Hamm 6/25/2018 2:02:35 PM
a little background here: This case involves allegations of racial gerrymandering – that is, that Texas lawmakers drew federal congressional and state legislative districts that harmed black and Hispanic residents there. It began as a challenge to maps drawn by the state’s Republican-controlled legislature in 2011. In 2012, a federal district court drew new maps for the election that year; the state legislature adopted those maps the following year. Last year the district court invalidated parts of the 2013 plans, on the ground that they perpetuated discrimination in the 2011 plan.

by Amy Howe 6/25/2018 2:02:59 PM
Very thick decision. Can't be another long one today, I don't think. Also -- I was wrong on admissions; last Monday was the last day.

by Eric Citron 6/25/2018 2:03:26 PM
Court upholds the district court's decision that HD90 is a racial gerrymander.

by Amy Howe 6/25/2018 2:03:57 PM
"Except with respect to one Texas House district," Alito writes, "we hold that the court below erred in effectively enjoining the use of the districting maps adopted by the Legislature in 2013."

by Amy Howe 6/25/2018 2:04:38 PM
Thomas has a brief concurrence, restating his view that Section 2 of the Voting Rights Act does not apply to redistricting. He is joined by Gorscuch.

by Amy Howe 6/25/2018 2:05:05 PM
Sotomayor has main dissent, joined by RBG, Breyer, and Kagan.

by Amy Howe 6/25/2018 2:05:24 PM
Majority opinion is 41 pages long; Thomas's concurrence is 1 page; Sotomayor's dissent is 46 pages.

by Tejinder 6/25/2018 2:05:57 PM
Strong words from the start from Sotomayor: "The Court today goes out of its way to permit the State of Texas to use maps that he three-judge District Court unanimously found were adopted for the purpose of preserving the racial discrimination that tainted its previous maps."

by Amy Howe 6/25/2018 2:06:22 PM
Okay, going back in to wait for next opinion. Could be from anyone but Gorsuch, Sotomayor, or Kagan.

by Amy Howe 6/25/2018 2:07:04 PM
But since districts are contiguous, if one is invalidated, doesn't that require that at least one other (and likely more) be reapportioned as well?

by Frank Cardella 6/25/2018 2:07:26 PM
What is the remedy when ONE district is found to be unlawful? You can't redraw a single district without redrawing at least one adjoining district.

by jeffreynye 6/25/2018 2:07:28 PM
When one CD was found unconstitutional in Virginia, 4 districts wound up changing.

by Football Guy 6/25/2018 2:10:44 PM
They will need to redraw at least one contiguous districts, perhaps more, perhaps even a non-contiguous district depending on how complicated the situation is. This is much narrower in scope than ordering a state legislature to start from scratch because the entire process was tainted.

by District Dude 6/25/2018 2:11:19 PM

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- Rucho v. Common Cause Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	70
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Scribble

Live blog of orders and opinions | June 25, 2018 (with John Elwood and First Mondays)

Featured Posts

Retired Justice John Paul Stevens has died – Amy Howe

Battle over border wall comes to the court – Amy Howe

Trump administration ends effort to include citizenship question on 2020 census – Amy Howe

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Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

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Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award