Scribble

Editor's Note :

Scribble

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin

Live blog of orders and opinions | June 29, 2015

Live blog of orders and opinions | June 29, 2015

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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

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin
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This Week at the Court
On Monday the Supreme Court will release orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.).
This post will be updated on Monday to reflect any additional non-argument sessions the justices may schedule.
Major Cases
- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
see all this term’s cases »
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 63

Cases decided 57

Summary reversals 8

Merits cases granted to date 63

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Justice Thomas gives commencement address

On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.

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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.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	63
Cases decided	57
Summary reversals	8
Merits cases granted to date	63

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