Scribble

Live blog of orders and opinions | June 26, 2017

This live blog features discussions of the Supreme Court's per curiam decision in Trump v. International Refugee Assistance Project, as well as its grants in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Digital Realty Trust, Inc. v. Somers and its opinions in Davila v. Davis, Trinity Lutheran Church of Columbia, Inc. v. Comer and California Public Employees' Retirement System v. ANZ Securities, Inc.

3rd & 7 37yd

And, of course, it is Lyle Denniston's last opinions day.

by Amy Howe 6/26/2017 1:18:17 PM

Comment ()
Might the Court just affirm 4-4 in Hernandez? Government won in CA5.

by Rory Little 6/26/2017 1:18:33 PM

Comment ()
Lyle has been such a godsend over the years. Thank you sir

by John the Lawyer 6/26/2017 1:20:39 PM

Comment ()
Will we see action on Masterpiece and Peruta today?

by ScotusWatcher 6/26/2017 1:22:25 PM

Comment ()
Lyle is such a great asset to those of us who follow SCOTUS workings.

by John E. Mudd 6/26/2017 1:22:55 PM

Comment ()
Well the Twiatter verse will explode if ANYone announces retirement

by John the Lawyer 6/26/2017 1:30:25 PM

Comment ()
The court has denied review in Peruta, over a dissent from Thomas and Gorsuch.

by Amy Howe 6/26/2017 1:31:16 PM

Comment ()
Masterpiece Cakeshop has been granted.

by Amy Howe 6/26/2017 1:31:40 PM

Comment ()
Also, Digital Realty Trust Co. granted.

by Amy Howe 6/26/2017 1:31:47 PM

Comment ()
No action on travel ban yet.

by Amy Howe 6/26/2017 1:31:53 PM

Comment ()
There is a summary reversal in Pavan v. Smith, the case of two same-sex couples who wanted to have both parents' names on their children's birth certificates.

by Amy Howe 6/26/2017 1:32:38 PM

Comment ()
Justice Gorsuch dissents from the summary reversal in Pavan v. Smith, joined by Thomas and Alito.

by Amy Howe 6/26/2017 1:33:33 PM

Comment ()
There is a grant/vacate/remand in Hicks v. United States.

by Amy Howe 6/26/2017 1:33:58 PM

Comment ()
First and only post-- I'm having a hard time finding info online: Is gorsuch able to rule on travel ban at this time? or will it be an 8 justice decision?

by John 6/26/2017 1:33:59 PM

Comment ()
There is a GVR in Johnson v. Alabama.

by Amy Howe 6/26/2017 1:34:44 PM

Comment ()
Cert denied in Binderup, with Ginsburg and Sotomayor dissenting to denial of cert

by Tom H 6/26/2017 1:35:02 PM

Comment ()
Here is a link to today's complete order list: www.supremecourt.gov

by Andrew Hamm 6/26/2017 1:35:14 PM

Comment ()
We have four CVSGs: Sokolow v. Palestine Liberation Organization; Samsung v. Apple;; Brewer v. Arizona Dream Act Coalition, and Animal Science Products v. Hebei Welcome.

by Amy Howe 6/26/2017 1:35:30 PM

Comment ()
Sessions v. Binderup's denied over dissent of Ginsburg and Sotomayor

by Jared 6/26/2017 1:35:41 PM

Comment ()
Grant in Masterpiece after all this time is a bit surprising, right?

by J 6/26/2017 1:35:48 PM

Comment ()
Okay, now that the fray has settled a little bit, here is a summary of what has happened so far today.

by Amy Howe 6/26/2017 1:36:36 PM

Comment ()
The justices issued orders from last week's conference, which were released this morning at 930 am.

by Amy Howe 6/26/2017 1:36:54 PM

Comment ()
The question in Peruta was whether the Second Amendment protects the right to carry firearms in public for self-defense. The denial truthfully didn't come as much of a surprise to me, because the court had turned down earlier petitions presenting the same question in years past.

by Amy Howe 6/26/2017 1:42:10 PM

Comment ()
If a Justice were to announce his/her retirement is this the only day that it would be announced? Or is this considered the traditional day of announcing and could be announced later?

by Suzanne Bergeron 6/26/2017 1:42:21 PM

Comment ()
How many are currently following this stream?

by Pare 6/26/2017 1:43:35 PM

Comment ()
We currently have over 7500 readers -- thanks for joining us!

by Amy Howe 6/26/2017 1:43:40 PM

Comment ()
Do we know if Justice Kennedy hired clerks for next year?

by Interested Person 6/26/2017 1:43:40 PM

Comment ()
If the Justice Kennedy retirement announcements are reliable today, when would he do that? After the 10 AM opinions?

by Caleb Tierney 6/26/2017 1:44:30 PM

Comment ()
Hi All. It's good to be back on the live blog. I've missed you.

by Eric Citron 6/26/2017 1:54:45 PM

Comment ()
Five-minute buzzer just sounded.

by Amy Howe 6/26/2017 1:55:19 PM

Comment ()
Three boxes today.

by Amy Howe 6/26/2017 1:55:28 PM

Comment ()
If Justice Kennedy is not retiring, what might be the reason for a 9 yr. reunion instead of 10 for his clerks?

by J Susan 6/26/2017 1:55:32 PM

Comment ()
What is the reader count so far?

by kitty 6/26/2017 1:55:40 PM

Comment ()
Interesting to see Chief Justice Roberts, an Obergefell dissenter two years ago, join today's Obergefell-reiterating per curiam opinion in Pavan.

by John Q. Barrett 6/26/2017 1:56:00 PM

Comment ()
Most readers the blog has ever had?

by Bill 6/26/2017 1:56:10 PM

Comment ()
AMK's reunion was a year earlier in order to celebrate his 80th birthday (at least, that's the party line!)

by BH 6/26/2017 1:56:53 PM

Comment ()
Where can I find Thomas' dissent in Peruta?

by Sam Z 6/26/2017 1:57:06 PM

Comment ()
What is the actual procedure for handing down opinions? Is it done orally? Does the court sit in session and read the opinions? Thank you.

by WestCoast22 6/26/2017 1:57:35 PM

Comment ()
I'm going to get in line for opinions. I will be back very soon!

by Amy Howe 6/26/2017 1:58:33 PM

Comment ()
the dissent of Peruta is listed at the very end of today's order list. the link was provided on this comment blog earlier this morning.

by Rudman Miller 6/26/2017 1:59:10 PM

Comment ()
Amy's name isn't listed on SCOTUS website for hard passes. How does she get daily access?

by LyleFan 6/26/2017 2:02:23 PM

Comment ()
A little odd that Amy implies that those 5 justices are bad for inmates. That is the kind of not legitimate reporting that is becoming all too common since last year. Keep your biased opinions to yourself.

I'm sure this will be censored.

by Scott 6/26/2017 2:07:47 PM

Comment ()
Davila follows on two previous cases (Martinez and Trevino) in which a five-four majority (Kennedy plus the liberal justices) sided with the inmates on reviving defaulted claims of ineffective assistance of TRIAL counsel. Kennedy seems to have jumped off the train for ineffective assistance of APPELLATE counsel. That will, essentially, bring this line of case law to an end.

by Eric Citron 6/26/2017 2:08:12 PM

Comment ()
The class-action lawsuit was filed within the statute of limitations, but the question was whether the separate lawsuit was also timely.

by Amy Howe 6/26/2017 2:08:50 PM

Comment ()
Idk. I'm a conservative, but Amy is correct in her perception of those justices being less sympathetic to convicts. It is what it is

by I think I look forward to... 6/26/2017 2:09:21 PM

Comment ()

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
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The justices are on their summer recess.
Major Cases
- Department of Commerce v. New York
  The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Lamone v. Benisek Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Department of Commerce v. New York The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Mitchell v. Wisconsin The Wisconsin Supreme Court’s judgment – affirming the drunk-driving convictions of Gerald Mitchell, who was administered a warrantless blood test while he was unconscious – is vacated, and the case is remanded.
- Rucho v. Common Cause Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 67

Summary reversals 5

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Majority Opinions by Author
Voting Breakdown Argued Cases

Calendar: July 2019
Full Calendar Submit Event

July 2019

Su Mo Tu We Th Fr Sa

1

2

3

4
Holiday

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31
- Orders/Opinions
- Arguments
- Conferences
- Events
- Holidays
- Multiple

Su	Mo	Tu	We	Th	Fr	Sa
	1	2	3	4 Holiday	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30	31

Download our App in the Apple Store
Videos see all

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.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	67
Summary reversals	5
Merits cases granted to date	74

Scribble

Live blog of orders and opinions | June 26, 2017

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

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

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