Good morning and welcome to the live blog, sponsored by Bloomberg Law. Thanks for joining us. We will be getting started momentarily.
Good morning, everyone! It's great to be here.
Just to recap, we are expecting orders from last week's Conference at 9:30 am, followed by opinions in one or more argued cases at 10.
We don't know what opinions we will get this morning at 10. Some of the stronger candidates (in the sense that it has been a while since the oral arguments) are Bond v. United States, Michigan v. Bay Mills, and the Mayorkas immigration case, but we won't know for sure until 10 am.
There is one grant -- Comptroller v. Wynne.
There is a CVSG in two linked cases: 13-896, Commill US v. Cisco, & 12-1044, Cisco Systems v. Commill. Justice Breyer did not participate.
There is a per curiam opinion in Martinez v. Illinois. This is apparently a decision overturning a ruling of the IL Supreme Court. This case has been relisted ten times, as John Elwood notes on his Relist Watch.
There is no dissent in Martinez. Here is John's description of the issue: "The case, which asks whether jeopardy attaches when a jury is sworn after the prosecution refuses to participate."
Lyle reports that several of the Confrontation Clause cases were denied, but we can't yet confirm (because there are so many) whether all were denied.
It appears that the Court did not act on Elmbrook School District v. Doe, which had been held pending the Court's decision in Town of Greece v. Galloway. This was a challenge to a public school's practice of holding graduation ceremonies in a church.
From Lyle: All 12 of the Confrontation Clause cases that were listed for this conference have been denied.
The CVSG cases are about the scope of the Federal Circuit's power to order a remand of part of a dispute in a patent case. The Federal Circuit ordered a remand but not on all issues; Cisco's complaint is that this interferes with the Seventh Amendment right to a jury trial on all issues.
From Lyle: No boxes yet, so we still can't ballpark how many opinions to expect.
Waiting for Lyle -- it's 10 am!
The first opinion is in Michigan v. Bay Mills.
Michigan's suit is barred by tribal sovereign immunity. Kagan writes. The Sixth Circuit is affirmed, the case is remanded. The vote appears to be 5-4; Kagan is joined by the Chief and Justices Kennedy, Breyer, and Sotomayor. Sotomayor has concurred as well; Scalia has dissented. Justice Thomas has also dissented, joined by Scalia, Ginsburg, and Alito. Ginsburg has dissented separately.
Now we know why this took so long.
This case involves the interpretation of the Indian Gaming Regulatory Act; the opinion appears to be based on the plain terms of the act, which in the Court's view do not authorize this suit.
As many of you know, the Justices announce their opinions in order of reverse seniority, so the next opinion could be from anyone.