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THIS MORNING: Orders coming from #SCOTUS at 9:30a, followed by one or more opinions in argued cases at 10a. As this @SCOTUSblog chart shows, 24 cases remain to be handed down. 
JUST IN: #SCOTUS sends Klein, the Oregon baker case, back to the state courts to reconsider it in light of Masterpiece, an unusual move, given that the cert petition was relisted for 10 conferences before the court made this decision to grant, vacate, and remand the case.
No new merits grants, and no action on the DACA cert petitions. #SCOTUS orders here: supremecourt.gov/orders/courtor…
#SCOTUS opinions coming in 5 minutes. A lot still outstanding, and we're likely to get days added to the schedule this week and next to get these 24 opinions out before July. Also, we should find out today if/when the next day is this week.
No more than 4 opinions coming today:
In a 5-4 decision, #SCOTUS holds that NYC's public access channel, MNN, is not a state actor and therefore not subject to the First Amendment. Kavanaugh writes the majority opinion for the conservatives: supremecourt.gov/opinions/18pdf…
Here's Kavanaugh: supremecourt.gov/opinions/18pdf…
Sotomayor, writing the dissent, is not pleased: "The Court tells a very reasonable story about a case that is not before us. I write to address the one that is."
No majority opinion in the uranium mining case out of Virginia, but 6 justices agree with the judgment of the lower courts that federal law does not preempt state mining regulations. supremecourt.gov/opinions/18pdf…
BREAKING: The Supreme Court maintains the "the longstanding dual-sovereignty doctrine," allowing separate state and federal prosecutions for the same crime. Alito has the majority opinion; Ginsburg and Gorsuch dissent. supremecourt.gov/opinions/18pdf…
And, we have a 5-4 standing dismissal, from Ginsburg, in Bethune-Hill, the Virginia racial gerrymandering case. One chamber of a legislature "cannot alone continue the litigation," she writes. Alito dissents, joined by Roberts, Breyer, and Kavanaugh. supremecourt.gov/opinions/18pdf…
Very interesting lineups today. Note that only one decision was a 5-4 split along the expected ideological grounds (the First Amendment/state actor case).
More of the 20 remaining #SCOTUS decisions are expected on Thursday (so nothing tomorrow or Wednesday):
Another interesting note: Breyer was in the dissent in three of four cases today.
And, as I've noted previously, even when he agrees with the decision, Thomas can find a way to criticize the majority. Here, in Gamble, he wrote a 17-page concurring opinion to attack stare decisis, the court's respect for its prior opinions. supremecourt.gov/opinions/18pdf…
Thomas's concurrence itself is interesting, because he was one of the two justices who initially led to litigators thinking there was a possibility of #SCOTUS reversing the dual-sovereignty doctrine, a fact he notes up front.
Ginsburg, dissenting in Gamble: "I would hold that the Double Jeopardy Clause bars 'successive prosecutions [for the same offense] by parts of the whole USA.'"
Can anyone explain the ALL CAPS "WHOLE" from RBG in her Gamble dissent?
THANK YOU, @sbagen @LeahLitman & @JohnQAdams11! It is from Federalist No. 82, in which Hamilton himself used ALL CAPS. avalon.law.yale.edu/18th_century/f…
Gorsuch, meanwhile, dissented separately in Gamble, to argue: "[T]he Constitution promises all Americans that they will never suffer double jeopardy. I would enforce that guarantee."
Here's a first (critical) review of the Gamble decision from Cato's Ilya Shapiro —>
