January has been a bit of a snooze at the Supreme Court but I did get to learn about the Dormant Commerce Clause ( Tennessee Wine & Spirits Retailers v. Blair ).
There was plenty of other news from the Court today: cert denial in a school prayer case, cert granted in a Second Amendment case to be heard next term, stay grants in a pair of transgender cases, and action on the Mueller mystery grand jury subpoena. But from the bench just one 9-0 opinion from Justice Thomas in a patent case.
Below are some sketches from some of last week’s arguments and opinions. Fingers crossed that Justice Ginsburg will be back on the bench after the mid-winter break.
Just posting November’s SCOTUS sketches ( I missed the first couple days, so starting on October 31 ) without comments except to note that the election day SCOTUSblog banner at the end of this post is a work of “artistic license.” We know, from his confirmation hearing testimony, that Justice Kavanaugh does not vote, and I expect that may be the case for other justices as well.
Reporting on the retirement of Justice Kennedy, Nina Totenberg quoted R.E.M. “. . . it’s the end of the world as we know it”.
Although rumors had been circulating for over a year most Court-watchers figured Kennedy would hold off while Caligula occupied the White House. While disappointed, I can’t really blame him, after more than forty years on the bench, for wanting to step down. I’ll miss sketching him. When Kennedy joined the Supreme Court in 1988 USA Today quoted one of my fellow sketch artists as saying he had a “vanilla” face, in other words unremarkable. But not for me. I’ve grown accustomed to his face, the dome of his skull, the way his ears have no lobes, and the nose, ah the nose. Happy retirement Justice Kennedy.
Justice Kennedy announcing opinion in Masterpiece Cakeshop
Sketches from this week’s opinions are posted below.
Monday on the Supreme Court plaza was sizzling hot, Friday was not. In fact now, on the other side of the solstice, it’s drizzling and mild.
Into the home stretch now, the Court is adding opinion days to its regular June calendar of Monday sittings, and most of the cases remaining are biggies.
This week’s blockbusters were Carpenter v. United States, in which the Court ruled that a warrant is required for most cell phone data searches, and South Dakota v. Wayfair where the Court ruled that online and mail order businesses now need to collect sales tax on out of state purchases.
There were, of course, other opinions and if you’re wondering why I haven’t posted those here’s the reason: in the courtroom I roughly sketch each justice as they announce an opinion, or dissent, from the bench, but only complete the ones that are notable in some way, usually because it’s one everyone’s been waiting for. To complete and post every sketch of every justice announcing every opinion would be repetitive and boring.
Sometimes though, I’ll complete and post a drawing simply because I like it, or because of an interesting or humorous turn of phrase as when Justice Kagan, announcing the opinion in Lucia v. Security and Exchange Commission, described the petitioner as “an investment advisor who marketed a retirement savings strategy called ‘Buckets of Money.’”
Nothing is more welcome on a broiling summer day in DC than the cool marble halls inside the Supreme Court building . Outside, by the plaza, camera crews waited under beach umbrellas for reporters with news of the Court’s latest opinions.
Of the five opinions announced today the most anticipated were two partisan-gerrymander cases. There was optimism at the beginning of the term, when the first gerrymander case was argued in October, that the Justices might at last come up with a solution to the problem of political redistricting. But the Court left it to another day, another term. Both cases were returned to the District courts.
First things first, DC threw a parade last week to celebrate the home team Stanley Cup winners. Congratulations Washington Capitals!
Below are sketches of opinions announced in three major cases, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Husted v. A. Philip Randolph Institute, and Minnesota Voters Alliance v. Mansky
There are still nineteen argued cases to be announced before the summer recess begins at the end of June. Usually the most important, and difficult, opinions come down on the very last days.