Live blog of orders and opinions | June 5, 2017
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We are expecting orders from last week's conference in a few minutes.
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As in weeks past, we are waiting to hear on a variety of interesting cert. petitions, including Masterpiece Cakeshop (cakes for same-sex weddings) and Peruta v. California (2nd Amendment).
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Do the justices take the bench for the orders announcement or is it just released to the press/public at 9:30?
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I'm just testing the comment function. I've attempted to comment a few times on substantive issues over the last few weeks, and nothing has ever appeared or been answered, while I noticed repeat postings from the same person. Am I doing this right?
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There is one grant today, in Carpenter v. United States. This is the challenge to the use of historical cell-site data without a warrant.
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There is a short per curiam opinion in NC v. Covington, involving the state's efforts to redraw its state legislative districts.
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The district court's remedial order requiring special elections in the fall of 2017 is vacated and remanded.
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Nothing on Masterpiece Cakeshop, and nothing on Peruta v. California or Sessions v. Binderup.
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Returning to NC v. Covington, the Court summarily affirms (without comment) the district court's decision striking down the legislative districts, however.
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Here is a link to today's order list: https://www.supremecourt.gov/orders/courtorders/060517zor_e18f.pdf
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The NC v. Covington that was summarily affirmed was a racial gerrymandering challenge; presumably it was being held while the justices considered the other NC redistricting case, Cooper v. Harris, on the merits.
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What is the likelihood of seeing an opinion by Gorsuch this term? I know he only heard a few of the cases, but do you think he'll author one from April if he's in tha majority... just to get his "feet wet" before next year?
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I think this has been addressed in the past, but when justices are sitting, is there an audio feed from the Court in the Press Room?
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Why would they separate affirming one part of the appeal and vacating another part? Or were these separate appeals?
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Considering that the Court did not act on the 4th Circuit appeal regarding the travel ban, is it reasonable to think that they will not act at least until next Monday (with the next batch of orders)?
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Just to be clear in the two NC v. Covingtons, the district court issued a ruling that went against the state on the racial gerrymandering claim. The state asked the Supreme Court to review that ruling, 16-649, which was the one summarily affirmed today. And then the state had also asked the Supreme Court to stay and review the district court's remedial order, which (among other things) required new elections this fall. That was the appeal that led to today's per curiam opinion.
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There have been a lot of travel-ban related questions. We don't expect anything anytime soon, because on Friday the Court ordered the challengers to file responses by next Monday, June 12, at 3 pm. So presumably the justices will act on the petition before their summer recess, but it's hard to say exactly when that will be -- other than not today and not next Monday.
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There are four opinion dates left in the current term (which includes today). With 25 cases yet to be decided, this means the court will have to average 5-6 opinions per week for the remainder of the month. If the court falls short of that number today, then we are probably looking at several cases cases due to be re-argued next term (due to a 4-4 vote).
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Do you think that the fact that the Court has not yet issued any re-argument orders means that it's waiting until the final day of the term to do so? Maybe the Court has decided that they want to get all the opinions done before signaling what cases they’re deadlocked on?
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Will someone from SCOTUSblog be writing more today about the Covingtons?
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Can Masterpiece and/or Peruta be held until next term?
Or do they have to decided this term? -
How hard do you imagine the lawyers in the SG's office are banging their heads on the wall in light of their client's tweets in the last 48 hours over the EO on immigration? While the tweets aren't in the record, surely they're not missed by the justices and their clerks.
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What are some canaries we can look for in the next few weeks regarding a possible Kennedy retirement? -
Can a denial of writ of certiorari be delayed because a Justice is writing a support for the denial in reaction to someone writing a dissent?
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You know it is June when commenters start flocking to the SCOTUSblog live blog of orders and opinions. How many are with us today?
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What does the buzzer sound like? I like to imagine the buzzer from Jeopardy when the contestants time out.
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What is preventing the Court from holding over some of the more controversial cases until next term, with the thought of a Kennedy retirement in everyone's minds?
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I wouldn't be surprised if Thomas calls it quits either.
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First opinion is from Kagan, in Advocate Health Care Network v. Stapleton. This is a unanimous opinion.
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The Court reverses. Sotomayor concurs, Gorsuch did not participate.
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The question in the case is whether a church must have originally established an ERISA benefit plan for it to qualify as a "church plank."
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Ronald Mann will have our analysis in this case. Here is a link to the court's opinion: www.supremecourt.gov
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