Earlier this month, in her annual report to the Second Circuit Judicial Conference , Justice Ginsburg remarked that, to that point, only 11 decisions of the term had produced 5-4 or 5-3 outcomes, but that she could “not predict that the relatively low sharp divisions ration will hold.” Everyone thought that hinted at some sharp 5-4 splits to come, as is common at the end
Read More Department of Commerce v. New York (No. 18-966), Rucho v. Cause (No. 18-422), Mitchell v. Wisconsin (No. 18-6210)
United States v. Davis (No. 18-431) and Flowers v. Mississippi (No. 17-9572).
On the penultimate D-day of OT18, the Court handed down three decisions, including one of the most anticipated of the term, leaving five for tomorrow morning. The biggie today was Kisor v. Wilkie (No. 18-15), in which the Court declined to overrule the so-called Auer doctrine, under which courts defer to agencies’ reasonable interpretations of their own ambiguous regulations. Nevertheless, in her opinion for
Read More United States v. Davis (No. 18-431) and Flowers v. Mississippi (No. 17-9572).Knick v. Township of Scott (No. 17-647), NC Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust (No. 18-457), PDR Network v. Carlton Harris Chiropractic (No. 17-1705), McDonough v. Smith (No. 18-485)
The Nine appear to have settled on four as the ideal number as they lurch toward the end of the term. Just as on Monday, Thursday, and Friday last week, the Court handed down four decisions this morning, bringing the total remaining down to eight. In Iancu v. Brunetti (No. 18-302), involving a designer’s attempt to trademark the word “FUCT,” the Court held that
Read More Knick v. Township of Scott (No. 17-647), NC Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust (No. 18-457), PDR Network v. Carlton Harris Chiropractic (No. 17-1705), McDonough v. Smith (No. 18-485)American Legion v. American Humanist Association (No. 17-1717) and Gundy v. United States (No. 17-6086)
The Court was back today with another four decisions (still leaving a modest twelve for next week). In Flowers v. Mississippi (No. 17-9572) the Court vacated (by a vote of 7-2) the conviction and death sentence of Curtis Flowers, a black defendant, based on Mississippi prosecutors’ repeated use of peremptory strikes to remove black jurors in Flower’s sixth trial. In Knick v. Township of Scott,
Read More American Legion v. American Humanist Association (No. 17-1717) and Gundy v. United States (No. 17-6086)Gamble v. United States (No. 17-646), Manhattan Community Access Corp. v. Halleck (No. 17-702), Virginia Uranium v. Warren (No. 16-1275), Virginia House of Delegates v. Bethune-Hill (No. 18-281)
Four more decisions this morning, including a couple of biggies. In American Legion v. American Humanist Association (No. 17-1717), the Court reversed the Fourth Circuit’s decision holding that a memorial “peace cross” on public land violated the Establishment Clause, albeit in a highly fractured decision. Justice Alito wrote a partial-majority/partial-plurality opinion, joined in full by the Chief, Breyer, and Kavanaugh, and in part by
Read More Gamble v. United States (No. 17-646), Manhattan Community Access Corp. v. Halleck (No. 17-702), Virginia Uranium v. Warren (No. 16-1275), Virginia House of Delegates v. Bethune-Hill (No. 18-281)Return Mail Inc. v. U.S. Postal Service (No. 17-1594), Quarles v. United States (No. 17-778), Parker Drilling Management Services v. Newton (No. 18-389)
Well, we’d hoped to have last week’s update out by Friday, but guess who had other plans? Virginia Katherine Roth, born Thursday, June 13, 2019. Congratulations, Dave! (Nice timing, Virginia.) Since Virginia was born, the Supreme Court has handed down four more opinions (two of which bear her name!): Gamble v. United States (No. 17-646), reaffirming the “separate sovereigns” exception to the Double Jeopardy
Read More Return Mail Inc. v. U.S. Postal Service (No. 17-1594), Quarles v. United States (No. 17-778), Parker Drilling Management Services v. Newton (No. 18-389)