Following the three decisions it issued last week, the Court issued another three decisions this week, in addition to granting a case for next term. On Monday, at 9:30am EDT, the Court released Orders from last Thursday’s private conference, including one grant of certiorari and two dissenting opinions relating to denials of certiorari. Then, at 10:00am EDT, the Court released its decision in three argued cases: one involving the U.S. Bankruptcy Code, one concerning the effect of Wyoming’s statehood on the 1868 Treaty between the federal government and the Crow Tribe, and one about drug-preemption cases concerning the interaction between pharmaceutical companies and the Food and Drug Administration. After a quiet Tuesday and Wednesday, the Court met for its weekly private conference on Thursday, before releasing on Friday stays on lower-court decisions in partisan gerrymandering cases. Here is your brief for the week of May 20.
Last week, the Court concluded its schedule of oral arguments for the term. Thus, the Court’s proceedings moving forward will deal exclusively with private conferences, Orders, and Opinions. This week was no different. Following last Friday’s conference, the Court on Monday released its Orders list, in which it did not grant any cases for next term but did call for the views of the U.S. Solicitor General (“CVSG”) in a copyright case (more on that below). The Court then released its decision in Thacker v. Tennessee Valley Authority. The Court was not in session Tuesday–Thursday, and met for its private conference on Friday. Here is your Brief for the week of April 29.
Starting this week, I will be publishing a weekly summary of the Supreme Court’s proceedings. These “briefs” will be published over the weekend and will review the events that took place at the Court over the past week, including Orders, Oral Arguments, and any published Opinions. Check in every weekend for your rundown of what happened at the Supreme Court and for a brief snapshot of what is on the next week’s schedule.
The Supreme Court had an incredibly busy past few days. The Court granted certiorari in five cases, three of which concern employment discrimination rights for LGBTQ+ and transgender employees. It heard oral argument in seven cases (the last arguments of the term), including the addition of a citizenship question to the 2020 census and a Fourth Amendment challenge to a state law allowing a blood draw from an unconscious motorist. Finally, the Court released an opinion with significant ramifications in the context of arbitration agreements, and also dismissed a case from its docket as improvidently granted. This is the Brief for the week of April 22.