No new grants from #SCOTUS this morning. Here's the full orders list: supremecourt.gov/orders/courtor…
Opinions in one or more of the 15 remaining #SCOTUS cases from this term expected at 10a. We don't know which cases or how many will be decided, but those left include voting rights, financial disclosure, student speech rights, college athletes, and more.
First opinion is in Goldman Sachs v. Arkansas Teacher Retirement System. Barrett has the opinion for the court in the class-action case, vacating and remanding the 2nd Circuit. supremecourt.gov/opinions/20pdf…
Interesting vote divergence here, with Sotomayor dissenting in part as to the judgment and Gorsuch (joined by Thomas and Alito) dissenting in part as to the burden of persuasion. So, Barrett's full opinion was only for 5 justices (her, Roberts, Breyer, Kagan, and Kavanaugh.
Breaking: #SCOTUS unanimously rules that NCAA rules barring student athlete education-related benefits violate federal antitrust laws. Goruch writes the opinion. supremecourt.gov/opinions/20pdf…
From Gorsuch's conclusion:
Kavanaugh wrote a concurring opinion, although he also joined Gorsuch's opinion, to basically write that he is ready to take on the other NCAA compensation rules not at issue in this appeal.
Today's final #SCOTUS decision is in US v. Arthrex. Roberts has the Court's 5-4 opinion, finding that Administrative Patent Judges' authority under their appointment method is unconstitutional. [Clarified.] Thomas joins the 3 liberals in dissent. supremecourt.gov/opinions/20pdf…
From Thomas's dissent:
The Court's remedy is that the director can review the APJ decisions. Breyer — joined by Sotomayor and Kagan — agrees with Thomas on the merits but joins Roberts' opinion as to the remedy (in order to create a majority for the remedy, b/c Gorsuch declined to join that). Roberts:
Here's Gorsuch, dissenting as to the remedy:
Thomas also dissents as to the remedy, meaning that we have a 5-4 decision on the merits (Thomas, Breyer, Sotomayor, and Kagan, dissenting) and a 7-2 decision on the remedy (Gorsuch and Thomas, dissenting).
That's it from #SCOTUS today. With 12 decisions remaining — including voting rights, financial disclosure, student speech rights, and more — the next decision day is Wednesday.
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