Heads Up: Supreme Court Rulings Coming Down the Pike This Morning

[jefferson_dem]

About four of them, I think. :popcorn:

EDIT: I'm not certain the New Haven Firefighters case is one of them, only that it is still lingering and a ruling is coming soon.

[BlooInBloo]

1. Prediction: Whatever favors white folks the most, will be ordered...

Because going out on a limb is just how I roll.

What are the other decisions?

[jefferson_dem]

2. I'm not sure what the others are...

Only that there are supposed to be several ruling handed down, accoring to http://twitter.com/cbsandrewcohen

I assume the "whatever benefits whitey" case is one of them since that one is still lingering. I may be wrong, however...

[BlooInBloo]

4. Roger that.

[fugop]

3. what's the prediction?

Anyone got a good idea of what will happen with the New Haven thing? I'm thinking I better avoid the cable today, as I can only imagine the whipped-up hyperbole when that decision comes in. The talking heads will crowd out any other news and just obsess over it and what it "means" for Sotomayor.

[CTyankee]

5. I'm worried sick that the New Haven case will effectively end affirmative action.

I am hoping that it won't, that it will be narrowly written, but I expect the worst.

Worst still, it will be my city's mayor, John DeStefano, whose incompetence enabled this case to begin with. The shame will be on HIS head forever.

[spooky3]

10. non-lawyer here, but I predict 5-4, with the usual conservative suspects and Kennedy, who is

conservative on anti-discrimination law, finding a way to make a ruling that is at odds with the well-established Griggs v. Duke Power 1971 SC decision and the Civil Rights Act of 1991.

[fugop]

15. hmmmm...

That would be better than a unanimous overturn, I assume. I just figure I'll stay away from the freakin' talking heads after that one. I don't want to hear all the crowing over it.

[jefferson_dem]

6. UPDATE: Two Scotus decisions announced so far. So far NO Ricci/Affirmative Action case.

Court upholds strong and expansive interpretation of RICO (racketeering) statute by 7-2 vote.

http://twitter.com/cbsandrewcohen

[jefferson_dem]

7. UPDATE: No affirmative action or strip-search decisions today.

False alarm.

Instead, rulings regaring military law and the right to sue Iraq were on the agenda.

[onenote]

8. five opinions today. no firefighters. no strip search

Two 5-4 decisions with Kennedy joining with Ginsburg, Souter, Breyer and STevens against the Scalia, Roberts, Alito and Thomas in cases involving due process issues.

Two unanimous decisions (one had to do with whether Iraq was immune from suit under the Foreign Sovereign Immunities Act; can't remember the other one).

One 7-2 decision in a Rico case with Stevens and Breyer dissenting.

[CTyankee]

11. If not now, when WILL the Ricci case come out?

Are they just finished for the session, leaving Ricci for later? Anybody know?

[onenote]

13. The court typically recesses at the end of June or in early July.

I haven't seen a set date for this year, but chances are they will try to recess before July 4 weekend.

As a technical matter, the Court's term actually continues until the day before the new term begins in October. The break taken in the summer is a "recess" not the end of the term and the court, in theory, could be called into session in an emergency at any point during the summer.

[CTyankee]

14. So Ricci is decided, just not announced yet? nt

[onenote]

16. number of possibilities

1 -- it could be decided but drafts of the opinions are still circulating. Typically, the justices meet in conference, vote, and then the case is assigned by the chief to one of the justices to write the majority opinion and individual justices can write one or more dissenting or concurring opinions. THe various opinions are then circulated in an effort to sway justices to join one side or the other and to give those supporting the same result the opportunity to suggest revisions to the opinion or address it in their separate opinions. In any event, at this point I expect that the case has been addressed in conference and opinions have been or are being drafted

2 -- it could be fully done, but the chief is holding back its release to time it for maximum effect on the Sotomayor nomination.

3-- it could be essentially done, but one or more the justices on the losing side (assuming that the decision is going to be reversed) are holding up sending their dissenting opinion hoping that the Sotomayor confirmation hearings could start/finish in the next couple of weeks, before the case is announced.

My guess is that its option number one -- simply not done yet.

[CTyankee]

17. Thanks for the informed and intelligent reply! So nice to have your input.

I knew some of these details about how the Court operates, but your description is really clarifying.

So, the later it gets with the decision's release bodes ill for the decision (I'm reflecting on your answers 2 and 3)...

[onenote]

18. well, I'm just assuming the result in the case is bad apart from the timing

Frankly, if the decision was 5-4 to uphold Sotmayor's position, and it was releasd while she was being considered, the repubs would see it as evidence not that she got it right, but that her confirmation will perpetuate a majority that got it wrong!!

And if the court, as I am guessing, is going to go 5-4 to reverse Sotomayor's position in the case, the repubs will point to that decision as proof she got it wrong, is an activist judge, blah blah blah.

So, basically, whatever happens, the repubs will try to turn it into an issue. The question I have is whether the Chief is holding the decision so it can be released during her hearing or whether Souter or someone else is trying to hold it up so that it doesn't come out until her confirmation hearing is over. Given that Leahy seems in no rush, the latter outcome seems unlikely. It could be that Leahy figures that by holding off on the hearings, whatever flak is generated by the decision in the firefighters case will die down by the time of the hearing.

Its an interesting dance. If Leahy starts the hearing now and pushes it through fast, maybe the issue is avoided and she's confirmed before the decision comes out. That doesn't seem to be happening.

If Leahy brings up the nomination later this month, it almost certainly will be pending when the decision comes out.

If Leahy waits until late July, the flap surrounding the decision may have died down, but the longer the nomination sits out there, the more vulnerable it is to something happening to derail it. Plus, she has to pick clerks, and get up to speed and if they don't get to her nomination by the end of July, it won't be dealt with until September, which means (a) a long time for the nomination to be sitting out there and (b) less time for her to be ready for the October term.

Bottom line: I think Leahy may be waiting until after July 4 to start the hearings, hoping that any flak generated by the decision is no more than a one week story.

[CTyankee]

19. Are SCOTUS decisions released only on a Monday

or could it come at any time?

[onenote]

20. not only on mondays

earlier in this term, the court was releasing decisions on tuesdays and wednesdays as well as on mondays (not typically in the same week, but occasionally on consecutive days). Lately they've been issuing decisions on Mondays only. But as the term winds down, and if there are enough decisions to get out, they probably will start issuing decisions more than once a week. Maybe not this week, but probably by next week (again, depending on how many opinions are left to be issued).

[CTyankee]

21. Thanks, that's helpful and good to know. nt

[WI_DEM]

9. That's right the court needs to get a bunch of opinions out so they can take there four month

vacation.

[onenote]

12. its not really a four month vacation.

While the SCOTUS doesn't hear cases or issue opinions (typically) during its summer recess, work continues. Petitions for Certiorari requesting that new cases be taken and briefs in cases in which Cert has been granted for the next term are coming in all the time. And the Court's clerks, and the members of the Court, are reviewing these filings throughout the summer. When the Court reconvenes in October, it typically announces a number of decisions regarding motions and petitions that it has considered during the recess.