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Scribble

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

Live blog of orders and opinions | June 26, 2017

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.

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Conference of May 23, 2019

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

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

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

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Will we see action on Masterpiece and Peruta today?

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

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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

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Well the Twiatter verse will explode if ANYone announces retirement

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

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

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

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Masterpiece Cakeshop has been granted.

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

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Also, Digital Realty Trust Co. granted.

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

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No action on travel ban yet.

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

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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

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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

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There is a GVR in Johnson v. Alabama.

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

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

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

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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

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

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

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

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

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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

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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

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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

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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

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How many are currently following this stream?

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

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

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

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

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

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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

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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

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Five-minute buzzer just sounded.

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

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Three boxes today.

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

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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

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What is the reader count so far?

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

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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

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Most readers the blog has ever had?

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

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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

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Where can I find Thomas' dissent in Peruta?

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

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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

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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

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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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.
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Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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