Supreme Court Opinions | 6.19.08

(06/19/2008)

9:45

Ben Winograd:

Welcome, readers, to SCOTUSblog’s “live” coverage of the Court’s public session of Thursday, June 19. The session is scheduled to begin at 10 a.m. Eastern, and the Justices are expected to start announcing opinions shortly thereafter. As noted above, the LiveBlog automatically updates; users do not need to refresh their browsers to receive the latest developments.

Thursday June 19, 2008 9:45 Ben Winograd

9:46

Ben Winograd:

As always, the Court does not release any advance information on which opinions will be issued, and we do not render any predictions. Our coverage will begin shortly.

Thursday June 19, 2008 9:46 Ben Winograd

9:47	Do you think the Court will issue an opinion today in District of Columbia v. Heller (07-290)? Yes ( 28% ) No ( 72% ) Thursday June 19, 2008 9:47

10:01

Ben Winograd:

The Court has released the opinion in MetLife v. Glenn (06-923), on whether the fact that a claim administrator of an ERISA plan also funds the plan benefits constitutes a “conflict of interest” that must be weighed in a judicial review of the administrator’s benefit determination. The ruling below, which found for the claimant, is affirmed.

Justice Breyer wrote the opinion. We will provide a link to the decision as soon as it is available.

Thursday June 19, 2008 10:01 Ben Winograd

10:06

Ben Winograd:

The Court has released the opinion in Kentucky Retirement Systems v. EEOC (06-1037), on whether the relevance of age as a potential factor in the distribution of retirement benefits to disabled workers establishes a prima facie case of arbitrary discrimination under the ADEA. The ruling below, which found for the EEOC, is reversed.

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

Thursday June 19, 2008 10:06 Ben Winograd

10:06

Tom Goldstein:

More opinions are coming.

Just so readers understand the delay between entries: We await the actual physical release of the opinion before posting any information. &nbsp.

Thursday June 19, 2008 10:06 Tom Goldstein

10:10

Ben Winograd:

The Court has released the opinion in Indiana v. Edwards (07-208), on whether criminal defendants found competent to stand trial must be permitted to represent themselves. The ruling below, which found for the defendant, is vacated and remanded.

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

Thursday June 19, 2008 10:10 Ben Winograd

10:11

Tom Goldstein:

At this point, two cases remain from the March sitting: Heller and Chamber of Commerce (the labor funding case). Justices Scalia and Souter are the only members of the Court without opinions from March.

Thursday June 19, 2008 10:11 Tom Goldstein

10:11

Tom Goldstein:

A big day for Justice Breyer -- 3 majority opinions, one of them 5-4.

Thursday June 19, 2008 10:11 Tom Goldstein

10:12

Tom Goldstein:

Andrea Marsh points out that there is a 3d March opinion remaining, Rothgery.

Thursday June 19, 2008 10:12 Tom Goldstein

10:13

Tom Goldstein:

One or more opinions are still to come.

Thursday June 19, 2008 10:13 Tom Goldstein

10:13

Ben Winograd:

Today's opinion by Justice Breyer in MetLife v. Glenn (06-923) is now available here.

Thursday June 19, 2008 10:13 Ben Winograd

10:14

Ben Winograd:

The Court has released the opinion in Meacham v. Knolls Atomic Power Laboratory (06-1505), on whether, in a disparate impact suit under the ADEA, workers or employers bear the burden of persuasion in determining whether the employment decision was based on “reasonable factors other than age.” The ruling below, which found for the employer, is vacated and remanded.

Justice Souter wrote the opinion. Justice Thomas partially dissented. We will provide a link to the decision as soon as it is available.

Thursday June 19, 2008 10:14 Ben Winograd

10:14

Tom Goldstein:

Still at least one more opinion coming.

Thursday June 19, 2008 10:14 Tom Goldstein

10:15

Ben Winograd:

Today's opinion by Justice Breyer in Kentucky Retirement Systems v. EEOC (06-1037) is now available here.

Thursday June 19, 2008 10:15 Ben Winograd

10:17

Ben Winograd:

The Court has released the opinion in Chamber of Commerce v. Brown (06-939), on whether federal labor law preempts a California statute barring employers from using state money to influence union organizing campaigns. The ruling below, which upheld the state law, is reversed and remanded.

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

Thursday June 19, 2008 10:17 Ben Winograd

10:17

Tom Goldstein:

That's the last opinion. 10 opinions remain for the Term.

Thursday June 19, 2008 10:17 Tom Goldstein

10:18

Tom Goldstein:

For Heller fans, the correct count for March is that two cases remain -- Rothgery (involving the right to counsel) and Heller -- and Justices Scalia and Souter have not yet written in that sitting.

Thursday June 19, 2008 10:18 Tom Goldstein

10:18

Ben Winograd:

Today's opinion by Justice Breyer in Indiana v. Edwards (07-208) is now available here.

Thursday June 19, 2008 10:18 Ben Winograd

10:19

Tom Goldstein:

The next opinion day is Monday. There will certainly be one or possibly two additional opinion days next week. Wednesday and Thursday are most likely.

Thursday June 19, 2008 10:19 Tom Goldstein

10:19

Ben Winograd:

Today's opinion by Justice Souter in Meacham v. Knolls Atomic Power Laboratory (06-1505) is now available here.

Thursday June 19, 2008 10:19 Ben Winograd

10:20

Tom Goldstein:

The oldest outstanding decisions are from February -- Exxon and Morgan-Stanley.

Thursday June 19, 2008 10:20 Tom Goldstein

10:22

Tom Goldstein:

Stevens is very likely writing one of the February cases.

Thursday June 19, 2008 10:22 Tom Goldstein

10:27

Tom Goldstein:

The February prediction is actually very difficult. Five Justices haven't written -- JPS, AS, AMK, DHS, and RBG. All five of them have sittings in which they have written twice -- JPS (Mar); AS (Oct); AMK (Jan); DHS (Nov); and RBG (Mar). So in fact it's not fair to predict JPS for February. It's a complete toss-up.

Thursday June 19, 2008 10:27 Tom Goldstein

10:30

Ben Winograd:

Note to readers: we have yet to receive a copy of today's opinion in Chamber of Commerce v. Brown (06-939). We will post it as soon as it is available.

Thursday June 19, 2008 10:30 Ben Winograd

10:32

Ben Winograd:

The LiveBlog will end as soon as we receive the opinion in Chamber of Commerce.

Thursday June 19, 2008 10:32 Ben Winograd

10:33

Ben Winograd:

Today's opinion by Justice Stevens in Chamber of Commerce v. Brown (06-939) is now available here.

Thursday June 19, 2008 10:33 Ben Winograd

10:34

Ben Winograd:

In summary, the Court issued opinions in five cases this morning.