SCOTUS Orders & Opinions 6/26/19 Discussion Thread
Opinions begin at 10:00am EST.
There are 8 pending cases to potentially be decided by ruling today, including:
Department of Commerce v. New York
Issues: (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
Issue: 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.
Rucho v. Common Cause
Issues: (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.
Kisor v. Wilkie
Issue: 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.
The Federal Circuit’s ruling is vacated and remanded.
US v. Haymond
The 10th Circuit’s ruling is vacated and remanded.
The court holds that a federal law requiring a defendant who is registered as a sex offender to return to prison for at least five years if a federal judge finds that the defendant violated the terms of his supervised release is unconstitutional.
Tennessee Wine & Spirits vs. Thomas
The Supreme Court affirms the Sixth Circuit’s ruling, which struck down the residency requirement.
The remaining opinions will be announced tomorrow, and that will be the last day of opinions.
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