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

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.

Mar. 2019

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Conference of March 15, 2019

3rd & 7 37yd

We have the second and final decision of the day. It is Ohio v. AmeEx, it is from Justice Thomas, and it is affirmed.

by Amy Howe 6/25/2018 2:11:24 PM
The vote is 5-4, with Breyer writing the dissent.

by Amy Howe 6/25/2018 2:11:40 PM
This is an antitrust case, in which a group of states are challenging a provision in the contract between American Express and the merchants that accept its cards; the provision bars the merchants from trying to steer their customers to use a particular credit card. The main issues before the court were twofold. First, at what market should courts look at in a case like this: Just at the merchants, or at the merchants and the cardholders? Second, if courts look at both the merchants and the cardholders as the market, do the plaintiffs have to show that both sides are harmed by the provision?

by Amy Howe 6/25/2018 2:11:50 PM
The Court holds that Amex's steering provisions do not violate federal antitrust law.

by Amy Howe 6/25/2018 2:12:12 PM
Here's the opinion in Ohio v. American Express. Beth Farmer will have our analysis:

https://www.supremecourt.gov/opinions/17pdf/16-1454_5h26.pdf

by Andrew Hamm 6/25/2018 2:12:51 PM
Court defines the market as two-sided, including both merchants and cardholders. When the market is defined this way, the Court says, it is clear that the plaintiffs have not met their burden to show anti-competitive effects.

by Amy Howe 6/25/2018 2:15:41 PM
Breyer, a former antitrust law professor, is reading his dissent from the bench. This means we will have to wait some more to hear when the court will be back.

by Amy Howe 6/25/2018 2:16:30 PM
Going to bet that 1 box means no Janus

by Greg 6/25/2018 2:16:50 PM
Good news of the day: we get to spend at least one more morning with Amy.

by David 6/25/2018 2:18:18 PM
Does Justice Breyer misspell laissez faire in the opening line of his dissent...?

by Col. Mustard 6/25/2018 2:19:09 PM
Doesn’t Justice Breyer speak French?

by Guest 6/25/2018 2:20:07 PM
So do we meet again here tomorrow?

by Scott 6/25/2018 2:21:09 PM
So, if we get only one more opinion day, there are going to be 3 significant cases. Janus, Hawaii, and NIFLA. So much for the conventional wisdom that they spread out big decisions

by Matt 6/25/2018 2:22:49 PM
Where can we access the transcripts of the opinions/dissents read from the bench on decision days?

by guest 6/25/2018 2:23:15 PM
Do we think Kennedy will announce a retirement today?

by Brandon 6/25/2018 2:23:40 PM
Was AMEX controversial? Is it odd that Thomas wrote it?

by KPOM 6/25/2018 2:24:09 PM
Tomorrow we will have more opinions. They did not announce that tomorrow will be the next day, so it looks like we get to do this again at least twice!

by Amy Howe 6/25/2018 2:24:47 PM
@Col.Mustard laissez means "allow" and lassez means to grow weary. I doubt it was a pun, but the spelling is perhaps Freudian.

by Dave H. 6/25/2018 2:25:16 PM
What will happen with petitions that had been relisted and are not on today's orders list?

by CDK 6/25/2018 2:27:18 PM
They have finished releasing decisions for today. We will be back again tomorrow! I'm going to get to work now, but hopefully others will stick around to answer questions.

by Amy Howe 6/25/2018 2:30:45 PM
So 2 more days for decisions this week?

by Paul Catorce 6/25/2018 2:31:02 PM
Any idea when the 'clean up' conference might take place and approximately when the order list from that conference will be released?

by PJK 6/25/2018 2:35:28 PM
Does Alito's writing the gerrymandering case say anything about his writing (or not) Janus?

by Glenn 6/25/2018 2:37:19 PM
I'm very surprised at how Ohio came out. I just re-listened to the argument Saturday and would have sworn it was going to go for Ohio.

by Ohio 6/25/2018 2:38:12 PM
I'm outta here. See y'all later.

by Tejinder 6/25/2018 2:38:23 PM
Hi all, that's all for this morning. We'll be back tomorrow and at least one other day this week (Wednesday?).

by Andrew Hamm 6/25/2018 2:41:20 PM
Already this morning I posted the latest First Mondays podcast -- and thanks to Dan, Ian, and Leah for joining us again.

by Andrew Hamm 6/25/2018 2:41:45 PM
Today we'll have Amy writing on this morning's orders and on Abbott v. Perez, the racial gerrymandering case from Texas. Beth Farmer will write on the antitrust decision, Ohio v. AmEx. And Mark Walsh will provide a "view" from the courtroom.

by Andrew Hamm 6/25/2018 2:42:34 PM
If we didn't get to your question or comment -- sorry about that and hopefully we can tomorrow!

by Andrew Hamm 6/25/2018 2:42:54 PM

Featured Posts

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case – Joel Goldstein

Argument preview: The Hobbs Act as ordinary or extraordinary administrative law – Christopher Walker

Justices add constitutional question to citizenship case – Amy Howe
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices hear oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices hear oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
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
- BNSF Railway Company v. Loos A railroad’s payment to an employee for working time lost due to an on-the-job injury is taxable “compensation” under the Railroad Retirement Tax Act.
- Fourth Estate Public Benefit Corp. v. Wall-Street.com Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
- Rimini Street Inc. v. Oracle USA Inc. A federal district court’s discretion to award “full costs” to a party in copyright litigation pursuant to 17 U. S. C. §505 is limited to the six categories specified in the general costs statute codified at 28 U. S. C. §§1821 and 1920.
- Garza v. Idaho The presumption of prejudice for Sixth Amendment purposes recognized in Roe v. Flores-Ortega applies regardless of whether a defendant has signed an appeal waiver.
- Jam v. International Finance Corp. The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.
- Madison v. Alabama The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, but it may prohibit executing a prisoner who suffers from dementia or another disorder rather than psychotic delusions.
- Nutraceutical Corp. v. Lambert Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling.
- Yovino v. Rizo The U.S. Court of Appeals for the 9th Circuit erred when it counted as a member of the majority a judge who died before the court’s opinion in this case was filed.
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.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 50

Cases decided 21

Summary reversals 4

Merits cases granted to date 75

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On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	50
Cases decided	21
Summary reversals	4
Merits cases granted to date	75

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference