#SCOTUS, Dec. 10, 2018. Orders at 9:30a, with opinions in one or more argued cases expected at 10a. 
#SCOTUS grants one new case this morning: Kisor v. Wilkie (18-15), limited to question 1: "Whether the Court should overrule Auer and
Seminole Rock." (This could be big.)
Seminole Rock." (This could be big.)
Here's the cert petition: supremecourt.gov/DocketPDF/18/1… / Response:
Incidentally, the SG's Office argued that "this case would be an unsuitable vehicle in which to
reconsider Seminole Rock or Auer" in its brief in opposition to cert. supremecourt.gov/DocketPDF/18/1…
reconsider Seminole Rock or Auer" in its brief in opposition to cert. supremecourt.gov/DocketPDF/18/1…
This case is the beginning look at agency deference, which is a growing prime target of @FedSoc. Auer/Seminole Rock have to do with courts deference to an agency's interpretation of its own regulations.
(As opposed to Chevron deference, which has to do with courts deferring to agency's interpretation of law.)
#SCOTUS will not hear cases over whether Medicaid recipients can sue over Medicaid provider disqualification. Thomas dissented from denial of cert, joined by Alito and Gorsuch, which means that Roberts and Kavanaugh voted against cert (b/c it only takes four votes to grant).
Here is the full orders list, in which Thomas's dissent begins on page 9 of the PDF: supremecourt.gov/orders/courtor…
And, here's @rickhasen on what happened — and didn't — on the election law front in this morning's orders:
It's a one-box opinion day (unsurprisingly) at #SCOTUS, meaning one or two opinions coming at 10a.
Today's one #SCOTUS opinion is in US v. Stitt, together w US v. Sims. The opinion is unanimous & from Breyer, holding that "burglary" in the Armed Career Criminal Act includes a vehicle/structure "customarily used for overnight accommodation."
Both the 6th & 8th Circuits had held otherwise. The court reversed the 6th Circuit and remanded the 8th Circuit to address an unresolved statutory question. Here's the opinion: supremecourt.gov/opinions/18pdf…
That's it from #SCOTUS today. That's also it from the court until the Jan. 4 conference, outside of any possible action on applications. (There are, for example, two executions scheduled for this week.)
(There also is the possibility DOJ will follow through on its threat to seek a stay on injunctions in the trans ban cases at the appeals court and, eventually, #SCOTUS.)
