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Live blog of orders and opinions | May 31, 2016

June 2018

3rd & 7 37yd

Okay, that is all we have for today. Thanks so much for joining us -- have a great week, and we'll see you here next time!

by Amy Howe 5/31/2016 2:22:52 PM

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Thanks, all!

by Andrew Hamm 5/31/2016 2:23:39 PM

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Featured Posts

Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated) – Amy Howe

Opinion analysis: Justices approve broad damage recovery for patent-infringing exports – Ronald Mann

Opinion analysis: Court holds agreement to statutory severance of overlapping counts waives issue-preclusion claim after acquittal at first trial – Lissa Griffin
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This Week at the Court
On Monday the Supreme Court will release orders from the June 21 conference (9:30 a.m.) and opinions in argued cases (10 a.m.).
This post will be updated on Monday to reflect any additional non-argument sessions the justices may schedule.
Major Cases
- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
- Carpenter v. United States
  The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
Recent Decisions
- Carpenter v. United States The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.
- Currier v. Virginia Because Michael Currier consented to a severance of the multiple charges against him, his second trial and resulting conviction, following an acquittal at his first trial, did not violate the double jeopardy clause.
- Ortiz v. United States Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.
- WesternGeco LLC v. ION Geophysical Corp. The focus of the Patent Act’s general damages provision, 35 U. S. C. §284, in a case involving infringement under Section 271(f)(2) is on the act of exporting components from the United States; therefore, WesternGeco’s award for lost profits was a permissible domestic application of Section 284, not an impermissible extraterritorial one.
- Lucia v. Securities and Exchange Commission Securities and Exchange Commission administrative law judges are “officers of the United States,” subject to the Constitution’s appointments clause.
- Pereira v. Sessions A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.
- South Dakota v. Wayfair, Inc. Quill Corp. v. North Dakota and National Bellas Hess Inc. v. Department of Revenue of Illinois -- which held that a state cannot require an out-of-state seller with no physical presence in the state to collect and remit sales taxes on goods the seller ships to consumers in the state -- are overruled.
- Wisconsin Central Ltd. v. United States Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act of 1937.
see all this term’s cases »
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
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Statistical Snapshot

Cases argued 63

Cases decided 57

Summary reversals 8

Merits cases granted to date 63

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Justice Thomas gives commencement address

On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.