Live blog of orders and opinions | May 21, 2018
This live blog features discussion of four cases granted today for oral argument next term -- Virginia Uranium Inc. v. Warren, Culbertson v. Berryhill, Jam v. International Finance Corp and Royal v. Murphy. This live blog also features discussion of the opinions in two argued cases that were released today -- Epic Systems Corp. v. Lewis and Upper Skagit Indian Tribe v. Lundgren.
3rd & 7 37yd
3rd & 7 37yd
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There are a couple of cases in which the Solicitor General recommended that cert. be granted, so we should get a couple of grants. But the real interest in the press room, as it has been for so many weeks, is whether we will finally get an order in Azar v. Garza, the government's petition in the case of the undocumented pregnant teenager. The government wants the Supreme Court to vacate the D.C. Circuit decision that cleared the way for her to get an abortion.
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Before posting the live blog, we posted the next podcast of First Mondays by Dan Epps and Ian Samuel. Here's the link:
OT2017 #25: "The Way The Chief Loves Mootness" - SCOTUSblog
SCOTUSblogSupreme Court opinions have been coming down in a slow trickle, but it's enough to quench our thirst. This week, we recap five cases the justices have decided, from sports betting to privacy expectations in rental cars, from shackling criminal defendants to determining effective assistance of counse -
Fourth is Royal v. Murphy, involving whether Congress "disestablished" (i.e., terminated) the reservation of the Creek Nation in Oklahoma. The question arises in the case of a member of the Creek Nation who was convicted of murdering another member of the nation. He argues that he should have been tried in federal court because the crime was committed in "Indian Country."
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On the subject of there being a "possibility of opinions" this morning, how often does it happen that they don't give opinions after announcing this? And practically speaking is this just to give the Court wiggle room in case issues with the opinion arise at the last second (like a change in vote or something similar)?
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Turning to opinions now. For those of you who are new or new-ish here, we don't know how many opinions we will get or which ones. We nevertheless love to try to suss out who is writing what opinions. I had a post at my own blog last week about who might be writing what that you can find here:
Reading the tea leaves – mid-May edition
Amy HoweOn Monday the Supreme Court issued five decisions in argued cases, bringing its total number of opinions so far this term to 28. As Adam Feldman has reported at SCOTUSblog, the justices are moving slowly this term by just about any measure: At this point in 2008, they had already released 50(!) opinions, and they... Read More -
The TLDR from my post last week is that there are two cases left from October: Epic Systems v. Lewis (arbitration) and Gill v. Whitford (redistricting). Roberts and Gorsuch have not yet written. There are two left from December: Carpenter v. United States (cellphone records) and Masterpiece Cakeshop (same-sex cakes). Roberts and Kennedy have not yet written.
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Is it possible that someone other than Roberts or Gorsuch could be writing for October? I know they are the only two left from October who have not yet written but with Kennedy not writing in November I am curious if he may have picked up an extra from October. Still holding out hope for the employees in Lewis v. Epic Systems!