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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann
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The Supreme Court will release orders from the January 18 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
The justices will meet next for their February 15 conference.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Recent Decisions
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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 »
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.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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 »
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Cases argued 43

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
27	28	29	30	31

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Scribble

Live blog of orders and opinions | June 26, 2017

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 18, 2019

Major Cases

Recent Special Features

Live Blog Archives

Jan. 2019

Download our App in the Apple Store

First Mondays see all

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award