#SCOTUS, May 21, 2018. Flags at half-staff honoring the victims of the Santa Fe school shooting.pic.twitter.com/09EBohvecx
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#SCOTUS, May 21, 2018. Flags at half-staff honoring the victims of the Santa Fe school shooting.pic.twitter.com/09EBohvecx
#SCOTUS grants four new cases:
- Virginia Uranium v. Warren
- Culbertson v. Berryhill
- Jam v. International Finance Corp. (limited to Q.1)
- Royal v. Murphy
Yet again, nothing from the justices on Azar v. Garza, the case involving the undocumented teen who was seeking an abortion. DOJ lost below and is asking #SCOTUS to take the case to vacate that lower-court decision.
The case has been considered by the justices at 13 conferences, beginning Jan. 12. At this point, it's almost certain that someone is writing something — although it's possible that they're holding the case for some reason.
Here's the full orders list: https://www.supremecourt.gov/orders/courtorders/052118zor_m647.pdf … #SCOTUS
It's a one-box day. Opinion(s) coming at 10. #SCOTUS
The first decision is in Epic Systems Corp. v. Lewis. 5-4 majority opinion by Gorsuch, with the court split along ideological grounds. Thomas concurs. Ginsburg writes the dissent.
Here is the court's opinion in Epic, an arbitration case argued on the first day of the court's term: https://www.supremecourt.gov/opinions/17pdf/16-285_q8l1.pdf … #SCOTUS
When employee contracts mandate individual arbitration to resolve disputes, those clauses bar collective and class-action claims from employees, the court rules. #SCOTUS
Justice Ginsburg is reading from her dissent on behalf of the court's more liberal members. #SCOTUS
The second — and final — decision is Upper Skagit Indian Tribe v. Lundgren, also by Gorsuch, sending the case back to the Washington Supreme Court. #SCOTUS
Here's the opinion in Upper Skagit: https://www.supremecourt.gov/opinions/17pdf/17-387_ap6c.pdf …
That’s it from #SCOTUS today — and for the week. Next orders and possible opinions will follow Memorial Day: May 29.
A little follow-up reporting from #SCOTUS today ... relating to the Upper Skagit opinion.
Reading Thomas's dissent (joined by Alito) and the Chief's concurrence (joined by Kennedy), it sure looks to me like those four justices would have been totally happy resolving the "exception to sovereign immunity" issue. Gorsuch wouldn't go along with it.
From there, other interests took hold. Gorsuch was joined by the more liberal justices in avoiding the issue for now — and the Chief and Kennedy concurred, saying they "do not object" to that path "at this time." As such, what looked like a 5-4 dispute became a 7-2 decision.
Really interesting stuff, and further reflection of this, one of the most interesting things happening at SCOTUS now, IMHO, outside of the specifics of cases. —>https://www.buzzfeed.com/chrisgeidner/chief-justice-john-roberts-has-changed-a-little-bit-and?utm_term=.mq5y0WjPo#.cqrDLMGK4 …
Waiting on the WI gerrymandering case.
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