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.
. . . in Evenwel v. Abbott.
Wearing her gold, star-pointy, jabot-like whatchamacallit Ginsburg announced the unanimous decision that “one person, one vote” means Texas may draw voting districts according to total population as it does now, and is not required, as the petitioners claimed, to count only eligible voters. But the Court said “may,” not must, and the question whether it would be equally permissible to count only voters in determining districts is not settled.
I also did this Hiroshige inspired banner sketch for SCOTUSblog on this lovely spring morning (the weather for the rest of the week may not be so pleasant).
Justice Scalia’s chair and that part of the bench where he sat were draped in black cloth as a memorial today when the remaining eight Justices assembled to hear arguments. The memorial will remain in place for thirty days after which the seating of the Justices will be rearranged in order of seniority.
Chief Justice Roberts gave a brief tribute to saying, “Justice Scalia devoted nearly 30 years of his life to this Court in service to the Country he so loved.”
I came across my last sketch of Justice Scalia done on January 20, which it turns out was also his last day on the bench. He delivered the opinion in Kansas v. Carr. Scalia’s last dissent was in an opinion announced on January 25, Federal Energy Regulatory Commission v. Electric Power Supply Association, but the Justice was not on the bench that day.
Then it was on to the first of two arguments heard this morning, Kingdomware Technologies v. U.S.
Didn’t have a chance to post yesterday’s sketches of two major Supreme Court decisions, Texas Dept. of Housing v. Inclusive Communities and King v. Burwell.
The big one, of course, was Obamacare and for the second time Chief Justice Roberts authored an opinion the saved Affordable Health Care.
I scanned the wide-shot before filling in the foreground with watercolor, and I think I like the result. Maybe I’ll continue this way, plus I’m naturally lazy and it’s less work.
And below is Justice Kennedy announcing his opinion reaffirming the Fair Housing Act ban on unintentional discrimination.
Gay-rights lawyers were seated in the first rows close to the bench when the opinion in Obergefell v Hodges was announced by Justice Kennedy. As it became clear that they had won big, that the Court had recognized a constitutional right to same-sex marriage, smiles broke out, backs were patted, and, once the Justices had left the bench, hugs all around.
Four decisions from the Supreme Court today included an opinion, Kimble v. Marvel, that quoted Spider-Man creators Stan Lee & Steve Ditko (Amazing Fantasy, No.15, “Spider-Man”, 1962), and a takings case, Horne v. Department of Agriculture, brought by California raisin growers.
In announcing the California raisins case from the bench Chief Justice Roberts said,“The Constitution does not allow the government to take your car without just compensation if it promises to return the quarters it finds in the seats.”
The Court returns Thursday and Friday with more decisions, at which time it will truly be the bottom of the ninth with the possibility of extra innings next week.
No major decisions from the Supreme Court yesterday meant that a slight gaffe by Justice Scalia got a bit more ink, or is it pixels?
At the end of announcing the Court’s opinion in Kerry v. Din, Scalia referred to Justice Ginsburg, one of the dissenters, as “Justice Goldberg”. “Sorry about that, Ruth,” said Scalia who continued to smile and appear red-faced as the Court moved to admissions to the bar.
Mark Walsh has written about it here in SCOTUSblog.
Menachem Zivotofsky was born in 2002, the same year congress passed the Foreign Relations Authorization Act with a provision that U.S. passports listing the place of birth as Jerusalem should, upon request, also list Israel. Zivotofsky’s parents did just that, and the case had been kicking up and down the courthouse steps for years. Yesterday it concluded with a big win for the President.
It appears that Justice Kennedy’s opinion enshrines a presidential power nowhere mentioned, though implied, in the Constitution, namely recognition of foreign powers. “Recognition is a topic on which the Nation must ‘speak . . . with one voice,’” writes Kennedy. “That voice must be the President’s.”
Justice Scalia, along with Justice Alito and the Chief Justice, dissented. Justice Thomas also dissented in part, making the decision either 6-3, 5-4 0r even 5 ½-3 ½ depending on who you listen to.
The case is Zivotofsky v. Kerry, and you can read about yesterday’s decision here and here.
“Justice Scalia has the opinions in two cases,” the Chief Justice announced as Scalia’s chair sat empty, “he’s asked that I announce them.”
It’s not unusual for the a senior justice to announce the opinion of an absent justice. There are often one or more empty chairs on opinion days when no arguments are heard. But there were two cases to be argued today and unless a justice has recused themselves you can expect that they’ll be on the bench.
Scalia did eventually appear from the maroon curtains behind the bench just as the first argument was getting under way, a sex discrimination case that was really about the EEOC’s failure to use “conciliation” in enforcing Title VII. It turns out the justice was merely delayed in traffic.
You can read Mark Walsh’s account of Scalia’s tardy arrival here on SCOTUSblog.
Here are a couple sketches fro the argument in Mach Mining v. EEOC.
Also spotted in the courtroom today, and also not unusual, was Cecilia Marshall, wife of the late Justice Thurgood Marshall. She is a frequent visitor to the Court.
Here are some sketches from Tuesday at the Supreme Court.
The Court heard arguments in Gelboim v. Bank of America Corp., a case from the Second Circuit which turned down an appeal of a case in a Multi District Litigation because the other consolidated cases were still pending, at least that’s what I think it may be about. It’s complicated.
Opinions in two cases were also announced. Warger v. Shauers, about the admissibility of one juror’s testimony about another juror’s statements (above), and Integrity Staffing Solutions v. Busk, about compensation for employees who have to go through security screen after completing their shift (below).