Rushing to #SCOTUS, where we have orders coming at 9:30a and opinions at 10a in one or more of the 33 remaining argued cases — including the travel ban, cake baker case, and the multiple redistricting cases.
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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.
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Here's the full orders list: https://www.supremecourt.gov/orders/courtorders/052118zor_m647.pdf …
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It's a one-box day. Opinion(s) coming at 10.
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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.
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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 …
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When employee contracts mandate individual arbitration to resolve disputes, those clauses bar collective and class-action claims from employees, the court rules.
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Justice Ginsburg is reading from her dissent on behalf of the court's more liberal members.
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The second — and final — decision is Upper Skagit Indian Tribe v. Lundgren, also by Gorsuch, sending the case back to the Washington Supreme Court.
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Here's the opinion in Upper Skagit: https://www.supremecourt.gov/opinions/17pdf/17-387_ap6c.pdf …
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That’s it from
#SCOTUS today — and for the week. Next orders and possible opinions will follow Memorial Day: May 29.Show this thread -
A little follow-up reporting from
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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.
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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.
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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 …
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End of conversation
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