Happy Friday Everyone!
It’s another opinion day at the Supreme Court, the last two days we have received six decisions each day. Could we have that many today? We will have to find out later this morning at 10amET.
ICYMI: The justices will also be releasing opinions next Thursday, which is also technically their last *regularly* scheduled conference day. This means that the end of the term (when it comes to releasing argued case decisions) is nearing. The justices will schedule a final conference day when the final opinion day happens, which is known as the “left over conference” as the court generally cleans up remaining petitions and summary dispositions.
As always, we will bring you the decisions when they are released on the website. See you at 10amET.
It’s another opinion day at the Supreme Court, the last two days we have received six decisions each day. Could we have that many today? We will have to find out later this morning at 10amET.
ICYMI: The justices will also be releasing opinions next Thursday, which is also technically their last *regularly* scheduled conference day. This means that the end of the term (when it comes to releasing argued case decisions) is nearing. The justices will schedule a final conference day when the final opinion day happens, which is known as the “left over conference” as the court generally cleans up remaining petitions and summary dispositions.
As always, we will bring you the decisions when they are released on the website. See you at 10amET.
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- Case: FDA v. R. J. Reynolds Vapor Co.
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito,Kagan, Gorsuch, and Kavanaugh.
- Holding: Retailers who would sell a new tobacco product if not for the FDA’s denial order may seek judicial review of that order under §387l(a)(1).
- Dissent: Justice Jackson, joined by Justice Sotomayor.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1187_olp1.pdf
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito,Kagan, Gorsuch, and Kavanaugh.
- Holding: Retailers who would sell a new tobacco product if not for the FDA’s denial order may seek judicial review of that order under §387l(a)(1).
- Dissent: Justice Jackson, joined by Justice Sotomayor.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1187_olp1.pdf
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- Case: Esteras v. United States
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justices; Thomas, Sotomayor, Kagan, Kvanaugh, and Jackson.
- Holding: A district court considering whether to revoke a defendant’s term of supervised release may not consider §3553(a)(2)(A), which covers retribution vis-à-vis the defendant’s underlying criminal offense.
- Dissent: Justice Alito, joined by Justice Gorsuch.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-7483_6k4c.pdf
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justices; Thomas, Sotomayor, Kagan, Kvanaugh, and Jackson.
- Holding: A district court considering whether to revoke a defendant’s term of supervised release may not consider §3553(a)(2)(A), which covers retribution vis-à-vis the defendant’s underlying criminal offense.
- Dissent: Justice Alito, joined by Justice Gorsuch.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-7483_6k4c.pdf
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- Case: McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Gorsuch, and Barrett.
- Holding: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a statute. District courts must independently determine the law’s meaning under ordinary principles of statutory interpretation while affording appropriate respect
to the agency’s interpretation.
- Dissent: Justice Kagan, joined by Justices; Sotomayor and Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1226_1a72.pdf
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Gorsuch, and Barrett.
- Holding: The Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a statute. District courts must independently determine the law’s meaning under ordinary principles of statutory interpretation while affording appropriate respect
to the agency’s interpretation.
- Dissent: Justice Kagan, joined by Justices; Sotomayor and Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1226_1a72.pdf
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- Case: Diamond Alternative Energy, LLC v. EPA
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Kagan, Gorsuch, and Barrett.
- Holding: The fuel producers have Article III standing to challenge EPA’s approval of the California regulations.
- Dissent: Justice Sotomayor and Jackson separately dissenting.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-7_8m58.pdf
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Kagan, Gorsuch, and Barrett.
- Holding: The fuel producers have Article III standing to challenge EPA’s approval of the California regulations.
- Dissent: Justice Sotomayor and Jackson separately dissenting.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-7_8m58.pdf
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- Case: Stanley v. City of Sanford
- Authored by: Justice Gorsuch
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Kagan, Kavanaugh, and Barrett.
- Holding: To prevail under §12112(a), a plaintiff
must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer’s alleged act of disability-based discrimination.
- Dissent: Justice Jackson, joined by Justice Sotomayor.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-997_6579.pdf
- Authored by: Justice Gorsuch
- Joined by: Chief Justice Roberts, Justices; Thomas, Alito, Kagan, Kavanaugh, and Barrett.
- Holding: To prevail under §12112(a), a plaintiff
must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer’s alleged act of disability-based discrimination.
- Dissent: Justice Jackson, joined by Justice Sotomayor.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-997_6579.pdf
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- Case: Fuld v. Palestine Liberation Organization
- Authored by: Chief Justice Roberts
- Joined by: Justices; Alito, Sotomyaor, Kagan, Kavanaugh, Barrett, and Jackson. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined.
- Holding: The PSJVTA’s personal jurisdiction provision does not violate the Fifth Amendment’s Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.
- Dissent: N/A
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-20_f2bh.pdf
- Authored by: Chief Justice Roberts
- Joined by: Justices; Alito, Sotomyaor, Kagan, Kavanaugh, Barrett, and Jackson. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined.
- Holding: The PSJVTA’s personal jurisdiction provision does not violate the Fifth Amendment’s Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.
- Dissent: N/A
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-20_f2bh.pdf
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That is all the opinions for the day. The next scheduled opinion day is Thursday June 26, at 10amET. Until then, have a great weekend everyone!
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JUST IN: Supreme Court, in an apparent 6-3 vote, allows the Trump administration to continue deportations, regardless of homeland.
Justice Sotomayor, joined by Justice Kagan and Jackson, dissented. https://www.supremecourt.gov/opinions/24pdf/24a1153_l5gm.pdf
Justice Sotomayor, joined by Justice Kagan and Jackson, dissented. https://www.supremecourt.gov/opinions/24pdf/24a1153_l5gm.pdf
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- Case: Hewitt v United States.
- Author of Opinion: Justice Jackson
- Joined by: Chief Justice Roberts, Justice Sotomayor, Justice Kagan, and Justice Gorsuch.
- Dissent: Justice Alito filed a dissenting opinion, in which Justice Thomas, Kavanaugh and Barrett joined.
- Holding: The judgement is reversed and the case is remanded.
- Link to Opinion: https://www.supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf
- Author of Opinion: Justice Jackson
- Joined by: Chief Justice Roberts, Justice Sotomayor, Justice Kagan, and Justice Gorsuch.
- Dissent: Justice Alito filed a dissenting opinion, in which Justice Thomas, Kavanaugh and Barrett joined.
- Holding: The judgement is reversed and the case is remanded.
- Link to Opinion: https://www.supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf
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- Case: Medina v. Planned Parenthood South Atlantic
- Author of Opinion: Justice Gorsuch
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Kavanaugh, and Justice Barrett.
- Dissent: Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
- Holding: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under §1983.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1275_e2pg.pdf
- Author of Opinion: Justice Gorsuch
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Kavanaugh, and Justice Barrett.
- Dissent: Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
- Holding: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under §1983.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1275_e2pg.pdf
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- Case: Gutierrez v. Saenz
- Author of Opinion: Justice Sotomayor
- Joined by: Chief Justice Roberts, Justice Kagan, Justice Kavanaugh, Justice Jackson, and Justice Barrett in part.
- Dissent: Justice Alito, joined by Justice Thomas and Gorsuch.
- Holding: Gutierrez has standing to bring his §1983 claim challenging
Texas’s postconviction DNA testing procedures under the Due Process
Clause.
- Link to Opinion: https://www.supremecourt.gov/opinions/24pdf/23-7809_3e04.pdf
- Author of Opinion: Justice Sotomayor
- Joined by: Chief Justice Roberts, Justice Kagan, Justice Kavanaugh, Justice Jackson, and Justice Barrett in part.
- Dissent: Justice Alito, joined by Justice Thomas and Gorsuch.
- Holding: Gutierrez has standing to bring his §1983 claim challenging
Texas’s postconviction DNA testing procedures under the Due Process
Clause.
- Link to Opinion: https://www.supremecourt.gov/opinions/24pdf/23-7809_3e04.pdf
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- Case: Riley v Bondi.
- Author of Opinion: Justice Alito
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Kavanaugh, and Justice Barrett. Justice Sotomayor, joined by Justice Kagan, Justice Gorsuch, and Justice Jackson dissented in part.
- Holding: BIA orders denying deferral of removal in “withholding-only” proceedings are not “final order[s] of removal” under §1252(b)
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1270_6j37.pdf
- Author of Opinion: Justice Alito
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Kavanaugh, and Justice Barrett. Justice Sotomayor, joined by Justice Kagan, Justice Gorsuch, and Justice Jackson dissented in part.
- Holding: BIA orders denying deferral of removal in “withholding-only” proceedings are not “final order[s] of removal” under §1252(b)
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1270_6j37.pdf
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That’s all for today, Chief Justice Roberts has announced tomorrow will be the final opinion day of the term, meaning all remaining opinions will be announced tomorrow. See y’all then!
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- Case: Trump v CASA
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh.
- Holding:Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.
- Dissent: Justice Sotomayor, joined by Justice Kagan, and Justice Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf
- Authored by: Justice Barrett
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh.
- Holding:Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.
- Dissent: Justice Sotomayor, joined by Justice Kagan, and Justice Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf
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Since it is the last day, we still have five more opinions to release this morning, but some justices are electing to read their dissent (Sotomayor) from the bench, which is why the time between opinions is becoming longer. stay with us, hang in there, we will make it through this together.
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- Case: Kennedy v. Braidwood Management, Inc.
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justice Sotomyaor, Justice Kagan, Justice Barrett, and Justice Jackson.
- Holding: Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.
- Dissent: Justice Thomas, joined by Justice Alito, and Justice Gorsuch.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
- Authored by: Justice Kavanaugh
- Joined by: Chief Justice Roberts, Justice Sotomyaor, Justice Kagan, Justice Barrett, and Justice Jackson.
- Holding: Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.
- Dissent: Justice Thomas, joined by Justice Alito, and Justice Gorsuch.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-316_869d.pdf
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- Case: FCC v. Consumers' Research
- Authored by: Justice Kagan
- Joined by: Chief Justice Roberts, Justice Sotomayor, Justice Kavanaugh, Justice Barrett, and Justice Jackson.
- Holding: The universal-service contribution scheme does not violate the nondelegation doctrine.
- Dissent: Justice Gorsuch, joined by Justice Thomas, and Justice Alito.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf
- Authored by: Justice Kagan
- Joined by: Chief Justice Roberts, Justice Sotomayor, Justice Kavanaugh, Justice Barrett, and Justice Jackson.
- Holding: The universal-service contribution scheme does not violate the nondelegation doctrine.
- Dissent: Justice Gorsuch, joined by Justice Thomas, and Justice Alito.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf
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- Case: Mahmoud v. Taylor
- Authored by: Justice Alito
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett.
- Holding: Parents challenging the Board’s introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, are ennoscriptd to a preliminary injunction.
- Dissent: Justice Sotomayor, joined by Justice Kagan, and Justice Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf
- Authored by: Justice Alito
- Joined by: Chief Justice Roberts, Justice Thomas, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett.
- Holding: Parents challenging the Board’s introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, are ennoscriptd to a preliminary injunction.
- Dissent: Justice Sotomayor, joined by Justice Kagan, and Justice Jackson.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/24-297_4f14.pdf
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- Case: Free Speech Coalition, Inc. v. Paxton
- Authored by: Justice Thomas
- Joined by: Chief Justice Roberts, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett.
- Holding: H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of
adults.
- Dissent: Justice Kagan, joined by Justice Sotomayor and Justice Kagan.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
- Authored by: Justice Thomas
- Joined by: Chief Justice Roberts, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett.
- Holding: H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of
adults.
- Dissent: Justice Kagan, joined by Justice Sotomayor and Justice Kagan.
- Link to opinion: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
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That is all for the term, for those wondering "where is the Louisiana redistricting case?", well that is being rescheduled (aka re-argued) for next term. There is no known reason at this time why, but that is what is happening.
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