Scribble

Editor's Note :

Scribble

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee

Live blog of orders and opinions | June 29, 2015

Live blog of orders and opinions | June 29, 2015

Dec. 2018

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of December 7, 2018

Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

Conference

Orders

Opinions

Holiday

3rd & 7 37yd

Good morning, everyone! Welcome to our live blog. We are delighted to be back here for what could be the final live blog of the Term.

by Amy Howe 6/29/2015 1:11:20 PM

Comment ()
This is the one day in which I can say, with a fair amount of confidence, that we *do* know which opinions we are getting today. We expect decisions in Glossip v. Gross (the challenge to Oklahoma's lethal injection procedure and in particular its use of midazolam, a sedative); Utility Air Group v. EPA (Clean Air Act and when EPA must consider costs); and Arizona Legislature v. Arizona Independent Redistricting Commission (whether Arizona voters can transfer power over federal congressional districting to an independent commission).

by Amy Howe 6/29/2015 1:13:26 PM

Comment ()
Hi Amy! Why/how could there be an additional live blog? Today = final orders and opinions, no?

by David 6/29/2015 1:13:30 PM

Comment ()
As someone who is relatively new to this court watching stuff, and is not a Lawyer, could you explain the significance of the 'orders' this morning?

by Tom 6/29/2015 1:14:53 PM

Comment ()
How is SCOTUSblog able to report decisions from inside the Court's press office, but major cable stations are required to have their interns run hard copies of the decisions to reporters outside SCOTUS?

by JC 6/29/2015 1:16:41 PM

Comment ()
Question: I believe you have indicated in the past the Court has released either audio or a transcript of the oral announcement of decisions. Has this been done for the Thursday and Friday cases from last week? (In particular, Burwell and Obergefell.) If so, could you provide a link. If not, but the Court will do this in the future, where should I look to find this information? Thank you.

by Duns Scotus 6/29/2015 1:17:14 PM

Comment ()
Are there particular circuit courts that have much better or much worse chances of getting upheld by the supreme court?

by Mavend 6/29/2015 1:17:49 PM

Comment ()
Good morning from the press office at the Court. Why is there no crowd here today?

by lylden 6/29/2015 1:18:42 PM

Comment ()
Any ideas on the chances of a rehearing of Obergefell? I assume it's basically the same as with any other case (essentially zero) but that seems to be what Louisiana is waiting for when it comes to marriage licenses.

by Swiggan 6/29/2015 1:19:09 PM

Comment ()
As a reminder, or for your information if you're just joining us, the answers to many frequently asked questions can be found here.

by Kali Borkoski 6/29/2015 1:19:09 PM

Comment ()
Hello! So I know that Texas and Mississippi's AGs having indicated that they may allow state workers to not grant marriage licenses to homosexual couples . Could one of the Court orders deal with this today? Could they order the AGs to not obstruct the ruling?

by Anthony 6/29/2015 1:19:16 PM

Comment ()
What is the point of having a chief justice? Why aren't all nine justices equal to each other?

by LGSW74 6/29/2015 1:19:24 PM

Comment ()
Closely following Friedrichs petition.

by In Berkeley 6/29/2015 1:20:03 PM

Comment ()
What prompted the Court to begin the practice of re-listing petitions at least once before issuing an order?

by Sarah 6/29/2015 1:21:21 PM

Comment ()
Friedrichs is an extremely important case for public employee unions. It could completely alter the landscape of public sector labor relations in 24 states. Not enough attention, in my view, has been devoted to this case by the press.

by Ryan1258 6/29/2015 1:22:23 PM

Comment ()
Does the Court have to dispatch with all outstanding petitions before they go on vacation? Or could we see Fisher, Friedrichs, and others held over until the fall?

by Gabe 6/29/2015 1:22:26 PM

Comment ()
I'm curious to see how much lighter the traffic on the blog is today now that the biggest/most anticipated decisions have already come down. How many hits did you get up to on Friday?

by Beth 6/29/2015 1:23:54 PM

Comment ()
Just wanted to say thanks to the whole SCOTUSBlog live blog team. I've been tuning in for every session for the last couple of months, waiting on Texas DHCA v Inclusive Communities (business interest) and Obergefell (personal interest). Coverage has been really helpful in quickly cutting to the heart of the matter and divining some of the more inscrutable aspects of the Court. Not to mention, it's been an enjoyable and at times hilarious read! ;-)

by jenva 6/29/2015 1:25:02 PM

Comment ()
Do dissents have any legal standing or set any precedence? Or are they simply statements of why the justices disagree with the majority?

by Rookie 6/29/2015 1:25:05 PM

Comment ()
When the court issues a merits opinion in an unargued case (e.g. seems to be the trend in AEDPA reversals), does a Justice read the result from the bench as is done in cases in which the Court heard oral argument?

by BNG 6/29/2015 1:25:21 PM

Comment ()
Any bets on how the last three cases will get decided? I am guessing not much sympathy for Glossip, not much more for the cost arguments in the EPA case and something amounting to a non-justiciability of the Arizona issues.

by L 6/29/2015 1:25:47 PM

Comment ()
Instead of having those poor (in more ways than one) interns run across the plaza to everyone's amusement, why can't those lazy television reporters pull up the opinion on the court's website on a tablet?

by Pedro 6/29/2015 1:26:29 PM

Comment ()
How soon will the SCT issue the mandate in the marriage cases? Can it issue the mandate any sooner than the allowed time? Texas and Louisiana seem to be waiting for the mandate before doing anything.

by Mandate query 6/29/2015 1:26:40 PM

Comment ()
what you guys do during the summer?! I hope something fun

by #lyleforever 6/29/2015 1:27:48 PM

Comment ()
Will the GVRs in recently decided cases (I am thinking of Johnson, which will have a lot) be issued today? If not, then when?

by Eric 6/29/2015 1:28:34 PM

Comment ()
Friday's Obergefell had 5 opinions filed. Has there ever been a case with more? Ever been a case where each Justice filed their own opinion?

by Kane 6/29/2015 1:28:52 PM

Comment ()
What is the SCOTUSblog guess for the author of Glossip? Alito, Ginsburg and Sotomayor haven't written yet...

by AMBSpartan 6/29/2015 1:29:43 PM

Comment ()
Is Johnson v. US retroactive?

by Cam 6/29/2015 1:30:10 PM

Comment ()
#waitingforlyle, Part 1.

by Amy Howe 6/29/2015 1:30:39 PM

Comment ()
Here he is.

by Amy Howe 6/29/2015 1:30:44 PM

Comment ()
Does anyone know how the outcome of 'Arizona State Legislature v. Arizona Independent Redistricting Commission' will affect the rest of the nation on the matter of gerrymandering? Will states like Texas be forced to stop partisan redistricting if SCOTUS rules in favor of the Commission? Or will it simply say the people have the power to vote to end gerrymandering and establish a commission?

by bmb 6/29/2015 1:30:51 PM

Comment ()
We have four grants, including Fisher. Justice Kagan is recused.

by Amy Howe 6/29/2015 1:31:24 PM

Comment ()
gobeille v. Liberty Mutual also granted.

by Amy Howe 6/29/2015 1:31:40 PM

Comment ()
Musacchio v. United States.

by Amy Howe 6/29/2015 1:31:48 PM

Comment ()
Torres v. Lynch.

by Amy Howe 6/29/2015 1:31:53 PM

Comment ()
Court has granted Mississippi's motion to file its original case against Tennessee.

by Amy Howe 6/29/2015 1:32:26 PM

Comment ()
what happens when one justice recuse him/herself, and the opinion is 4-4?

by Kevin 6/29/2015 1:32:40 PM

Comment ()
In Joyner, 14-395, petition is denied. Thomas, joined by Alito, dissents from the denial with a quite lengthy opinion.

by Amy Howe 6/29/2015 1:32:51 PM

Comment ()
The order list is here.

by Kali Borkoski 6/29/2015 1:32:52 PM

Comment ()
Jordan v. Fisher: Petition is denied, over a dissent from Sotomayor joined by Justice Kagan and Ginsburg.

by Amy Howe 6/29/2015 1:33:10 PM

Comment ()
Jordan v. Fisher was a Goldstein & Russell case.

by Amy Howe 6/29/2015 1:33:19 PM

Comment ()
Several GVRs for already-decided cases, including the NC "choose life" license plate case.

by Amy Howe 6/29/2015 1:33:35 PM

Comment ()
Court has denied two new petitions: one by BP and one by Anadarco Petroleum arising out of Deepwater Horizon oil spill.

by Amy Howe 6/29/2015 1:34:39 PM

Comment ()
Court denies Google v. Oracle America, with Alito recused.

by Amy Howe 6/29/2015 1:34:50 PM

Comment ()
Nothing about Mississippi abortion, Currier.

by Amy Howe 6/29/2015 1:35:07 PM

Comment ()

Featured Posts

Government returns to Supreme Court on military transgender ban – Amy Howe

Symposium: Crosses and constitutional clarity – Lindsay See

Symposium: Cross purposes -- Why a Christian symbol can’t memorialize all war dead – Richard B. Katskee
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This Week at the Court
The Supreme Court released orders from the December 7 conference on Monday; the justices added Kisor v. Wilkie to their merits docket for this term. The justices also released their decision in United States v. Stitt on Monday.
The justices will meet next for their January 4 conference. The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- 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.
- In re Department of Commerce
  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.
- 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.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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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.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57