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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 29, 2015

Live blog of orders and opinions | June 29, 2015

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Conference of May 23, 2019

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

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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: 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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13
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Opinions

16
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20
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23
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30
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