Category: Opinions

Sketches of announcement of Supreme Court opinions

Opinion On North Carolina Redistricting

A little late posting this sketch from Monday of Justice Kagan announcing the opinion in Cooper v. Harris. Note that Justices Alito and Breyer were absent from the bench though they did take part in the decision. Justice Gorsuch (spell check keeps insisting on “Grouch”), who was on the bench, took no part.

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Two Opinions, One Sketch

Justice Breyer had the opinions in both cases announced today, Venezuela v. Helmerich & Payne International and Bank of America Corp. v. City of Miami ( note, Justice Sotomayor was absent from the bench ).

And although one courtroom sketch covered both opinions, I also did my usual SCOTUSblog banner sketch.

 

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Penultimate Argument Day Ringtone

A pair of civil jurisdiction cases on the next to last argument day of the Supreme Court’s term promised little in the way of news, but for a ringtone that sounded early into the first argument. Cell phones are not permitted in the courtroom, except maybe for the Justices. And sure enough, it was Justice Breyer’s phone that rang.

So that was the news of the day. Here are my sketches from the arguments, Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrellas well as the opinion in Lewis v. Clarke announced by Justice Sotomayor.

 

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Sketches From The March Sitting

With the Gorsuch confirmation hearings last week and the removal of the North Carolina transgender case from this week’s argument calendar it’s been an unusually quiet March at the Supreme Court. April may be more interesting when, for better or worse, a ninth justice takes the bench.

 

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Getting Ready For SCOTUS Spring

After a relatively low key and mild February at the Supreme Court the pace promises to quicken as the winds of March pick up and a flurry of cases fall (falls ?) on the docket.

I only sketched two arguments this week, Packingham v. North Carolina about a state law that prohibits registered sex offenders from going on social media sites such as FaceBook . . .

. . . and a very dense, to me at least, case on “subrogation clauses” in insurance policies: Coventry Health Care of Missouri v. Nevils

. . . and an opinion by Justice Kennedy in a racial gerrymandering case, Bethune-Hill v. Virginia State Board of Elections.

Taking advantage of the slow pace I spent most of my time in the courtroom this week preparing for the March and April arguments. My sketches depict fairly accurately the events I witness, but because of deadlines some work has to be done in advance. And so, I set to work on the architecture and other details. The justices are also penciled in in advance. The advantage of graphite pencil is I can make changes at any stage up to the point the watercolor is applied.

 

 

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First Opinion And Two Arguments

On Tuesday Justice Ginsburg announced the first opinion of the Court in a double-jeopardy case, Bravo-Fernandez v. U.S., argued on the first day of the term. Ginsburg spoke at length despite a severe hoarseness that made it hard to understand, and naturally that led to some speculation about her health. Once the argument got under way, though, she participated as vigorously as usual.

The Court heard three arguments this week, only two of which I sketched. Tuesday’s case, Moore v. Texaswas about the standard used to determine if a Texas death row inmate is too intellectually disabled to be executed.

Wednesday’s immigrant detention argument in Jennings v. Rodriguez pitted the plenary powers doctrine (I had to look that up) versus judicial review.

. . . and outside the it was a very soggy couple of days . . .

 

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SCOTUS Ends With A Bang, Not A Whimper

It’s been a strange Supreme Court term, like a meal that doesn’t satisfy. With only eight members on the bench after Justice Scalia’s death the odds were good that the last blockbuster opinion of the term would fall to a tie.

But, once again, Justice Kennedy was the fulcrum that allowed the Court to do some heavy lifting. In a 5-4 opinion authored by Justice Breyer in Whole Woman’s Health v. Hellerstedt the lie was exposed that Texas’ restrictive abortion clinic regulations were enacted to protect women’s health.

That left the dissenters arguing only on  procedural grounds that Whole Woman’s Health had lost an earlier round and should never have got another bite of the apple.

Oh, and there was also the unanimous opinion in McDonnell v. United States. It’s perfectly okay now, through gifts and cash, to purchase access to politicians, even if it stinks.

 

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Monday’s Undecisions

The big news of course on Monday was the Supreme Court’s per curiam opinion in Zubik v. Burwell (and other consolidated cases) that decided nothing but encouraged the two sides to reach a compromise.

The other case left hanging is Spokeo v. Robins. In a 6-2 opinion the Court asked the Ninth Circuit to take another look at the “concreteness” of the harm to Thomas Robins when Spokeo.com posted inaccurate information about him.

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Opinion: Ocasio v. United States

An interesting case, and not just because I live in Baltimore.

Majestic Auto Repair was paying up to $300 for each damaged vehicle Baltimore police would steer their way from the scene of an accident. By the time the FBI broke up the deal some sixty officers were involved.

One of the officers, Samuel Ocasio, was tried and convicted on three counts of extortion and one count of conspiracy to commit. He appealed the conspiracy conviction on the grounds that in order to conspire to obtain property “from another,” conspirators must agree to obtain property from someone outside the conspiracy. Since the conspiracy was between Ocasio and the owners of Majestic Auto Repair who were paying the bribes out of their own pockets, and not “from another”, there was no conspiracy.

The Court didn’t buy it. Justice Alito delivered the 5-3 opinion, sketched above. For an in-depth explanation of the opinion go here.

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Arizona Redistricting Opinion and DUI Argument

On Wednesday the Supreme Court released three opinions, two of which made news, one of which – Harris v. Arizona Independent Redistricting Commission – I sketched. I would’ve sketched the opinion in Bank Markazi v Peterson, that upheld a law directing Iranian assets to go to victims of terrorism, except I really couldn’t see much of Justice Ginsburg’s tiny figure hunched behind the bench as she delivered the opinion.

Sketches of the argument in Birchfield v. North Dakota, actually three cases concerning state laws that make it a crime to refuse a warrantless blood-alcohol test when stopped for DUI, are below.

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