Live blog of orders and opinions | May 13, 2019
We live-blogged as the Supreme Court released orders from the May 9 conference and opinions in Apple Inc. v. Pepper, Franchise Tax Board of California v. Hyatt and Cochise Consultancy v. United States, ex rel. Hunt. SCOTUSblog is sponsored by Casetext: A more intelligent way to search the law.
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Two cases I was keeping an eye on for Education Week were denied this morning: One is Millburn, N.J. v. Palardy, about "Whether, and how, the Supreme Court’s two-step framework for evaluating First Amendment retaliation claims by public employees applies to a claim alleging retaliation based on an employee’s association with a public-sector union." The petition was written by former SG Greg Garre.
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The justices deny review in the case of Christopher Price, a death row inmate in Alabama. Justice Thomas has a lengthy opinion concurring in the denial of review and responding to Justice Stephen Breyer's dissent (here: https://www.scotusblog.com/2019/04/justices-clear-the-way-for-alabama-execution/).
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The justices deny review in a case involving whether whether prisoners have a First Amendment right to include threatening, abusive and irrelevant language in their grievances. The prisoner prevailed in the Ninth Circuit and the state asked the Court to weigh in. The case is Dahne v. Richey; Justice Alito dissents from the denial of review, joined by Justices Thomas and Kavanaugh.
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The Supreme Court sends Myers v. United States back to the Eighth Circuit for additional consideration in light of the position that the government took in its brief. John Elwood has a more extensive discussion of the case in Relist Watch here: https://www.scotusblog.com/2019/05/relist-watch-142/. The Chief Justice dissented from the disposition of the case, joined by Justices Thomas, Alito, and Kavanaugh.
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The justices also denied review in Town of Millburn v. Pallardy. The town had asked the justices to weigh in on whether and how the Supreme Court’s two-step framework for evaluating claims by government employees that allege that they were victims of retaliation for something that they said applies to claims alleging retaliation based on an employee’s association with a public-sector union.
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@AmyHowe In cases like Myers v. United States, where it is remanded before SCOTUS even hears it, does that mean that there was an application for Cert that was first denied (which means <4 voted for it) and then a separate vote to remand? Or do they just vote to remand? Or do we not know?
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Tree of Life seemed straightforward to me as a cert denial. The building wasn't zoned residential or for schooling and is in the middle of an office park. It's not that the city was disfavoring religion, it was disfavoring any educational establishment in that space.
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I'm really hoping we see something on Maryland-National Capital Park and Planning Commission v. American Humanist Association. I wonder if they look like they're going through with eliminating the Lemon Test and whether they're going with the other tests (coercion, endorsement, penalty) or go with what my professor calls the "history test."
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Here's a link to the opinion in Apple v. Pepper. Amy will have our analysis.