OT18

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The Nine have gone their separate ways, but we’re still soldiering on (albeit from vacation and paternity leave, respectively). We’ve got six more cases for you, so we’ll split them up into manageable trios. Read on for summaries of Kisor v. Wilkie (No. 18-15), in which the Auer doctrine narrowly escaped the jurisprudential dustbin; Food Marketing Institute v. Argus (No. 18-481), in which…

Read More Kisor v. Wilkie (No. 18-15), Food Marketing Institute v. Argus (No. 18-481), United States v. Haymond (No. 17-1762)

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)

On the last decision day of the term, the Chief Justice put on his AMK hat, casting the decisive vote on opposite (political) sides in the two most politically salient cases of the term, involving the census and partisan gerrymandering.

In Department of Commerce v. New York (No. 18-966) (consolidated with Lamone v. Benisek), the Chief sided with (and, in part, wrote for) the…

Read More Department of Commerce v. New York (No. 18-966), Rucho v. Common Cause (No. 18-422), Mitchell v. Wisconsin (No. 18-6210), Carpenter v. Murphy (No. 17-1107), Iancu v. Brunetti (No. 18-302)

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).

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)

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)