Special Feature: Fisher Symposium
Jim Blumstein contribution to The Vanderbilt Law Review En Banc symposium on Fisher v. University of Texas.
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This Week at the Court
The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
There is a possibility of opinions on Wednesday.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices hear oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference.
Major Cases
- Department of Commerce v. New York
(1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution. - Lamone v. Benisek
In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting. - Kisor v. Wilkie
Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation. - Rucho v. Common Cause
(1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander. - The American Legion v. American Humanist Association
(1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment. - Gamble v. United States
Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Department of Commerce v. New York
Recent Decisions
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
Current Relists
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
Conference of April 19, 2019
Recent Special Features
- Symposium before the oral argument in Department of Commerce v. New York
- Symposium on what’s next in June Medical Services, LLC v. Gee
- Symposium before the oral arguments in Rucho v. Common Cause and Lamone v. Benisek
- Symposium before the oral argument in Kisor v. Wilkie
- Symposium before the oral argument in The American Legion v. American Humanist Association
- Nomination of Brett Kavanaugh to the Supreme Court
- Retirement of Justice Anthony Kennedy
Statistical Snapshot
see all »Cases argued 66 Cases decided 31 Summary reversals 4 Merits cases granted to date 73 Live Blog Archives
- Opinions | April 24, 2019
- Opinions | April 23, 2019
- Orders and opinions | April 1, 2019
- Opinions | March 27, 2019
- Opinions | March 26, 2019
- Opinions | March 20, 2019
- Opinions | March 19, 2019
- Orders and opinions | March 4, 2019
- Opinions | February 27, 2019 (with Casetext’s Pablo Arredondo)
- Opinions | February 26, 2019 (with Casetext’s Jake Heller)
- Opinions | February 20, 2019
- Orders and opinions | January 22, 2019
- Opinions | January 15, 2019
- Opinions | January 8, 2019
- Day five of confirmation hearing | September 27, 2018
- Day four of confirmation hearing | September 7, 2018
- Day three of confirmation hearing | September 6, 2018
- Day two of confirmation hearing | September 5, 2018
- Day one of confirmation hearing | September 4, 2018
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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.
Awards
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.
