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Happy Monday to all from @UTKnoxville! While @ngeidner is off teaching, I'm at the library and will be covering #SCOTUS orders coming at 9:30a and one or more opinions in argued cases at 10a.
#SCOTUS grants one new case:
- Iancu v. NantKwest, Inc. (18-801), an appeal from the Federal Circuit
No news from the court on the Title VII/Title IX LGBT cases, the Indiana fetal remains law case, or the Lee Boyd Malvo case. #SCOTUS
Here's the full #SCOTUS orders list: supremecourt.gov/orders/courtor…
Kavanaugh wrote this morning, in a "statement respecting the denial of certiorari" in a NJ case about whether historic preservation funds can exclude religious buildings. He, joined by Alito and Gorsuch, says they likely cannot but that this isn't the case to decide the issue.
(That statement is available at the end of the orders.) It's hard to read that and not think that there would be other votes agreeing with that position from Thomas and the Chief Justice, at least, if/when the court does agree to take it.
In other words, it only takes four justices to hear a case — but they decided to hold off for now on taking on the issue of whether historic preservation funds can go to religious entities.
Next up: One or more opinions in argued cases coming at 10a. We'll await word from those at court this morning as to how many boxes we've got! #SCOTUS
To go back to the New Jersey case for a minute while we have the time, it's both surprising and not to see Trinity Lutheran already being used this way. See my 2017 report on that decision: buzzfeednews.com/article/chrisg…
The first #SCOTUS decision is in Rimini Street v. Oracle. Kavanaugh has the unanimous opinion, reversing the 9th Circuit in part and sending the case back to the lower court. supremecourt.gov/opinions/18pdf…
The second #SCOTUS decision is BNSF Railway v Loos. Ginsburg has the court's 7-2 decision, reversing the 8th Circuit. Gorsuch, joined by Thomas, dissented. supremecourt.gov/opinions/18pdf…
The case was about the definition of "compensation," specifically whether payments made for time lost due to an on-the-work injury are taxed, under a railroad retirement law. The court said they are taxable.
Today's final #SCOTUS decision, also from Ginsburg, is in Fourth Estate Public Benefit Corp. v. Wall-Street dot com. The copyright decision was unanimous. supremecourt.gov/opinions/18pdf…
That's all from #SCOTUS today. No arguments this week, and no conference either. Next #SCOTUS action will be the justices' March 15 private conference, though we likely won't get the results from that until the next Monday, March 18, when the next arguments will be held as well.
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