Supreme Court Decisions due at 10 AM ET--no way of knowing if census case among them

[hlthe2b]

or the important gerrymandering case.

For those following the census case developments after the 4th Circuit Court of Appeals sent the Maryland case back to the trial judge to take the new information (tapes of Republican operative) into account and want to better understand how the SCOTUS case relates or will be impacted, here is an updated summary from SCOTUSBLOG (updated twice yesterday and once this morning with new developments):

https://www.scotusblog.com/2019/06/government-responds-in-census-case-4th-circuit-remands-maryland-case-for-more-fact-finding/#more-287395

[mahatmakanejeeves]

1. Live blogging, same site:

Andrew Hamm Manager

Posted Wed, June 26th, 2019 8:26 am

Live blog of opinions

We’re live-blogging as the Supreme Court releases opinions in one or more argued cases. Join us. SCOTUSblog is sponsored by Casetext: A more intelligent way to search the law.

[hlthe2b]

2. So far... US v Haymond

The court holds that a federal law requiring a defendant who is registered as a sex offender to return to prison for at least five years if a federal judge finds that the defendant violated the terms of his supervised release is unconstitutional.

Gorsuch is joined by Ginsburg, Sotomayor and Kagan in concluding that the application of this law violated Haymond's right to a trial by jury. Breyer has an opinion concurring in the judgment.

o
Alito dissents, joined by Roberts, Thomas and Kavanaugh.

[hlthe2b]

3. We have Kisor v. Wilkie, from Justice Kagan. The Federal Circuit's ruling is vacated and remanded.

This case was about whether to uphold the doctrine known as Auer deference, which instructs courts to defer to an agency's interpretation of its own regulation.

Kagan says the only question before the court is whether to overrule Auer, and the answer is no. But "even as we uphold it," she writes, "we reinforce its limits. Auer deference is sometimes appropriate and sometimes not."

"Whether to apply it depends on a range of considerations that we have noted now and again, but compile and further develop today. The deference doctrine we describe is potent in its place, but cabined in its scope." The court sends the case back to the court of appeals for it to consider whether it applies to the agency interpretation in this case.

Says the Federal Circuit didn't consider in this case whether the VA regulation at issue is genuinely ambiguous.

No dissents because all agree that the decision below needed to be vacated and remanded. But definitely some votes to overrule Auer.


Here's the important implications: (from SCOTUSBLOG)
Chief Roberts setting up a future Chevron showdown: "One further point: Issues surrounding judicial deference
to agency interpretations of their own regulations are
distinct from those raised in connection with judicial
deference to agency interpretations of statutes enacted by
Congress. See Chevron U. S. A. Inc. v. Natural Resources
Defense Council, Inc., 467 U. S. 837 (1984). I do not regard the Court’s decision today to touch upon the latter question."

[hlthe2b]

4. A case on Residency requirements for TN liquor license...affirms striking down

[hlthe2b]

5. That's it. Looks like CENSUS & Gerrymandering decisions come Friday...