Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
15-1391 | 2d Cir. | Jan 10, 2017 | Mar 29, 2017 | 8-0 | Roberts | OT 2016 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by the Retail Litigation Center, et al., in support of the petitioners in this case.
Holding: (1) The Supreme Court's review is limited to whether New York General Business Law Section 518 is unconstitutional as applied to the particular pricing scheme that, before this court, petitioners, five New York businesses and their owners, have argued they seek to employ: a single-sticker regime, in which merchants post a cash price and an additional credit card surcharge; (2) Section 518 prohibits the pricing regime petitioners wish to employ; (3) In regulating the communication of prices rather than prices themselves, Section 518 regulates speech. On remand the court of appeals should determine whether Section 518 survives First Amendment scrutiny as a speech regulation; and (4) Section 518 is not vague as applied to petitioners.
Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on March 29, 2017. Justice Breyer filed an opinion concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment, in which Justice Alito joined.
Just in: The next Supreme Court opinion day will be next Monday. The court expects to release one or more opinions in argued cases from the current term.
End of an era: Here is NBC News prez Noah Oppenheim's memo about Pete Williams' plan to retire this summer
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In an immigration case, SCOTUS rules 5-4 that federal courts do NOT have jurisdiction to review certain executive-branch factual findings that determine whether non-citizens are eligible for "adjustment of status." Those findings can dictate whether a person is deported.
SCOTUS agrees to take up two new cases: Jones v. Hendrix (a habeas corpus case) and SEC v. Cochran (a case about the power of district courts to hear challenges to the constitutionality of the SEC's administrative law proceedings). Full order list here: https://www.supremecourt.gov/orders/courtorders/051622zor_hgcj.pdf
We're live now on SCOTUSblog's homepage or at https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us: https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/