Supreme Court Opinions | 6.26.08(06/26/2008) 
9:30
Ben Winograd: 

Welcome, readers, to SCOTUSblog’s “live” coverage of the final day of the Supreme Court term.

Thursday June 26, 2008 9:30 Ben Winograd
9:31
Ben Winograd: 

The session is scheduled to start at 10 a.m. Eastern, and the Justices are expected to begin issuing decisions shortly thereafter.

Thursday June 26, 2008 9:31 Ben Winograd
9:32
Ben Winograd: 

Three cases remain to be decided:

 

Davis v. FEC (07-320), on the so-called “Millionaire’s Amendment” to campaign finance laws; District of Columbia v. Heller (07-290), on the scope of the right to own firearms under the Second Amendment; and Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County (06-1457), on electricity contracts reached during the Western energy crisis.

Thursday June 26, 2008 9:32 Ben Winograd
9:33
Ben Winograd: 

We will relay all news as we receive it from our reporter at the Court, Lyle Denniston.

Thursday June 26, 2008 9:33 Ben Winograd
9:33
Ben Winograd: 

Because the LiveBlog automatically updates, users do not need to refresh their browsers to receive the latest developments.

Thursday June 26, 2008 9:33 Ben Winograd
9:34
Ben Winograd: 

Thanks to all for joining us. Our coverage will begin shortly.

Thursday June 26, 2008 9:34 Ben Winograd
9:35
Why are you following our coverage today?
The Heller decision
 ( 95% )
Another reason
 ( 5% )

Thursday June 26, 2008 9:35 
9:40
Are you a:
Lawyer
 ( 20% )
Law student
 ( 13% )
Neither
 ( 68% )

Thursday June 26, 2008 9:40 
9:43
How many firearms do you own?
0
 ( 26% )
1
 ( 6% )
2
 ( 5% )
More than 2
 ( 63% )

Thursday June 26, 2008 9:43 
9:53
Are you a member of the National Rifle Association?
Yes
 ( 47% )
No
 ( 53% )

Thursday June 26, 2008 9:53 
9:54
Tom Goldstein: 
Hi everyone.   Pleased to have you with us.   Maybe I can give you a sense of what's going on at the Court.
Thursday June 26, 2008 9:54 Tom Goldstein
9:55
Tom Goldstein: 
Right now - :05 till 10 -- the Marshals are telling everyone in the Courtroom to be quiet.
Thursday June 26, 2008 9:55 Tom Goldstein
9:56
Tom Goldstein: 
At 10:00 exactly, the Marshal of the Court will gavel the Court into session and the Justices will walk into the Chamber.
Thursday June 26, 2008 9:56 Tom Goldstein
9:57
Tom Goldstein: 
The Court will then release the 3 opinions in order of the seniority of the author of the principal opinion:   most junior to most senior.
Thursday June 26, 2008 9:57 Tom Goldstein
9:57
Tom Goldstein: 
So, Davis v. FEC will almost certainly be the first opinion released because Justice Alito is likely the author.
Thursday June 26, 2008 9:57 Tom Goldstein
9:59
Tom Goldstein: 
We will know the result in the Heller case almost immediately -- i.e., affirmed, reversed, or vacated and remanded.   But the nuances will be critical and we won't get the opinion itself for a few minutes.   So be patient.
Thursday June 26, 2008 9:59 Tom Goldstein
10:00
Tom Goldstein: 
Note that we're temporarily disabling comments to make sure the server isn't overrun.
Thursday June 26, 2008 10:00 Tom Goldstein
10:02
Ben Winograd: 

The Court has released the opinion in Davis v. Federal Election Commission (07-320), on whether the so-called “Millionaire’s Amendment” to campaign finance laws, which relaxes campaign finance limits for opponents of congressional candidates spending more than $350,000 of their own money, violates either the First or Fifth Amendments. The ruling below, which upheld the law, is reversed and remanded.  

 

Justice Alito wrote the opinion. Justice Stevens dissented in part, joined by Justices Souter, Ginsburg and Breyer. We will provide a link to the decision as soon as it is available.

Thursday June 26, 2008 10:02 Ben Winograd
10:02
Tom Goldstein: 
This means the millionaire amendment is invalidated 5-4 on an ideological vote -- i.e., left/right.   The next opinion will be a few minutes away as the Justice Alito reads a summary of his opinion (and potentially a Justice reads from a dissent).
Thursday June 26, 2008 10:02 Tom Goldstein
10:05
Tom Goldstein: 
Heller  will be last.
Thursday June 26, 2008 10:05 Tom Goldstein
10:06
Brian Sagona: 

The Court has released the opinion in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County (06-1457), on whether the Federal Energy Regulatory Commission properly declined to modify electricity contracts reached during the 2000-2001 Western energy crisis. The ruling below, which remanded the case to FERC for further review, is affirmed and remanded.

 

Justice Scalia wrote the opinion. Justice Stevens dissented, joined by Justice Souter. Justices Roberts and Breyer took no part in the consideration of this case.   We will provide a link to the decision as soon as it is available.
Thursday June 26, 2008 10:06 Brian Sagona
10:06
Tom Goldstein: 
Justice Scalia is presumably reading from his Morgan Stanley opinion.   So Heller is a couple of minutes away.
Thursday June 26, 2008 10:06 Tom Goldstein
10:07
Ben Winograd: 

Today's opinion by Justice Alito in Davis v. Federal Election Commission (07-320) is now available here.

Thursday June 26, 2008 10:07 Ben Winograd
10:09
Tom Goldstein: 
The Davis opinion does invalidate the Millionaires Amendment -- both the contribution limits and the disclosure requirements.
Thursday June 26, 2008 10:09 Tom Goldstein
10:11
Tom Goldstein: 
Still waiting.
Thursday June 26, 2008 10:11 Tom Goldstein
10:12
Ben Winograd: 

Today’s opinion by Justice Scalia in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County (06-1457) is now available here.

Thursday June 26, 2008 10:12 Ben Winograd
10:12
Tom Goldstein: 
The Morgan Stanley opinion holds that FERC was required to apply the Mobile Sierra presumption.   There, everyone knows what they came here to find out.
Thursday June 26, 2008 10:12 Tom Goldstein
10:12
Tom Goldstein: 
Heller affirmed.
Thursday June 26, 2008 10:12 Tom Goldstein
10:13
Ben Winograd: 

The Court has released the opinion in District of Columbia v. Heller (07-290), on whether the District’s firearms regulations – which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock – violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed.  

 

Justice Scalia wrote the opinion. Justices Breyer, Stevens, Souter and Ginsburg dissented. We will provide a link to the decision as soon as it is available.

Thursday June 26, 2008 10:13 Ben Winograd
10:13
Tom Goldstein: 
Second  Amendment protects an individual right to possess a firearm.
Thursday June 26, 2008 10:13 Tom Goldstein
10:14
Tom Goldstein: 
We'll post the opinion as soon as it is available.
Thursday June 26, 2008 10:14 Tom Goldstein
10:14
Tom Goldstein: 
It is striking that the decision is not clouded by ambiguity created by separate opinions.   One opinion on each side.
Thursday June 26, 2008 10:14 Tom Goldstein
10:16
Tom Goldstein: 
Apologies - there is a second dissenting opinion, but only one majority - no plurality and no concurrences.
Thursday June 26, 2008 10:16 Tom Goldstein
10:17
Tom Goldstein: 
Many thanks to the Drudge Report for the link to the liveblog.
Thursday June 26, 2008 10:17 Tom Goldstein
10:17
Are you pleased with the decision in Heller?
Yes
 ( 87% )
No
 ( 13% )

Thursday June 26, 2008 10:17 
10:22
Ben Winograd: 

Today's opinion by Justice Scalia in District of Columbia v. Heller (07-290) is now available here.

Thursday June 26, 2008 10:22 Ben Winograd
10:23
Tom Goldstein: 
We're posting the opinion here and separately on the blog.
Thursday June 26, 2008 10:23 Tom Goldstein
10:24
Tom Goldstein: 

As soon as we get the opinion in Heller, we'll post it and then close the liveblog.   We'll have lots of analysis through the day.

Thursday June 26, 2008 10:24 Tom Goldstein
10:24
Tom Goldstein: 
Quoting the syllabus:   The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditional lawful purposes, such as self-defense within the home.
Thursday June 26, 2008 10:24 Tom Goldstein
10:38
Ben Winograd: 

The Court has recessed until the first Monday in October. The Chief Justice announced that the Court will issue final orders in pending cases tomorrow at 10 a.m.

Thursday June 26, 2008 10:38 Ben Winograd
10:41
Ben Winograd: 

In summary, the Court today released the final three opinions of the term, including its decision in District of Columbia v. Heller (07-290) that held the Second Amendment protects an individual right to possess a firearm for traditionally lawful purposes, such as self-defense within the home.

 

The opinion by Justice Alito in Davis v. Federal Election Commission (07-320) is now available here.

The opinion by Justice Scalia in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County (06-1457) is now available here.


The opinion by Justice Scalia in District of Columbia v. Heller (07-290) is available here.

Thursday June 26, 2008 10:41 Ben Winograd
10:44
Ben Winograd: 

This concludes our coverage of today’s public session of the Supreme Court. As noted above, the Court will recess until the first Monday in October, though will release orders in pending cases tomorrow at 10 a.m.

 

For continuing coverage of today’s rulings – including Lyle’s analysis of the Heller decision and excerpts from the ruling – please visit our home page throughout the day at SCOTUSblog.com.

Thursday June 26, 2008 10:44 Ben Winograd
10:48



 
 
 
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