Sorry Fort Bend County v. Davis.
It is unanimous. The Fifth Circuit is affirmed.
The court holds that the "charge-filing" requirement of Title VII of the Civil Rights Act, which requires a complainant to file a charge with the EEOC before going to court, is not jurisdictional.
This is another late April case decided today.
We have the final opinion for the day, in Mont v. United States. It is from Justice Thomas, and the Sixth Circuit is affirmed.
The vote is 5-4. Roberts, Ginsburg, Alito and Kavanaugh join the Thomas opinion; Sotomayor dissents, joined by Breyer, Kagan, and Gorsuch. (And, no, I did not mix up my "G" justices just now.)
The court holds that pretrial detention which is later credited as time served for a new conviction is "imprisonment in connection with a conviction" and therefore tolls the supervised-release term under federal law, even if the court must make the tolling calculation after learning whether the time will be credited.
The justices are now done with opinions. Just to recap: We got orders from last week's conference at 9:30. There were three new grants, but the Court did not act on any of the high-profile cases we've been waiting on. Then we had four opinions in argued cases: Azar v. Allina Health Services (administrative law and the Medicare program); Taggart v. Lorenzen (bankruptcy); Fort Bend County v. Davis (civil procedure); and Mont v. US (sentencing).
Mark Walsh has just returned from the courtroom. It could of course change, but when the marshal gaveled the session to a close, she apparently said that the court would be back in session on Monday.
Also, he noted that Justice Ginsburg came out with her opinion jabot on today, so spectators in the know expected her to have an opinion.
Also, although I noted earlier that the justices would have to take the DACA cases at some point, what I had meant to say was that they would have to do something with them at some point -- either grant or deny. I can't imagine that they are actually waiting for Congress to act.
Okay, I am going to get to work on my post on today's orders. Unless we hear otherwise, we'll be back on Monday for more orders and opinions.
Okay everyone, I am going to shut things down for today. Thank you for joining us and sorry that we might not have been able to get to your comment. SCOTUS will be back on Monday to chip away at least a little bit more at their 27 remaining opinions.
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