Here’s the Supreme Court update for Monday, June 22. Four opinions issued. First up was Kimble v. Marvel Enterprises, No. 13-720, which is the Spiderman patent case. (Details from MRW are at Spiderman Goes to the Supreme Court.) We called this one 6-3 or 7-2 for Marvel, hoping for a ruling in favor of friends Steve Kimble and Bob Grabb. Unfortunately, Marvel prevailed 6-3.
The other three cases the Court decided were: City of Los Angeles v. Patel, No. 13-1175; Kingsley v. Hendrickson, No. 14-6368; and Horne v. Department of Agriculture, No. 14-275. In Patel the Court affirmed a Ninth Circuit decision, finding that a statute which required hoteliers to provide a registry without a warrant violates the Fourth Amendment. Kingsley addressed the review standard for excessive force claims brought by in-custody defendants, while Horne upheld claims by raisin growers that forcing them to hold back product constitutes a taking, for which just compensation must be paid.
Remaining to be decided are:
- Arizona State Legislature v. Arizona Independent Redistricting Commission, No. 13-1314, the case which determines the fate of independent redistricting systems (Expect a ruling for the legislature, and against redistricting commissions and other alternatives to the system that has served us so … whatever! 5-4.);
- Glossip v. Gross, No. 14-7955, the lethal injection/cruel and unusual punishment case (The government wins, as these are bad people we’re injecting. 5-4.);
- King v. Burwell, No. 14-114, Affordable Care Act/subsidies case (I’m sticking with my 6-3 ruling in favor of the law, with a majority that includes the Chief Justice and Justice Scalia, along with the four justices appointed by Clinton/Obama.);
- Obergefell v. Hodges, No. 14-556, which addresses same sex marriage (5-4 for same sex marriage, on both the licensing and full faith and credit issues.);
- Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, No. 13-137, where the validity of disparate impact claims involving housing discrimination will be decided (No more disparate impact cases, 5-4.);
- Utility Air Regulatory Group v. Environmental Protection Agency, No. 14-47, the clean air case (Dirty air wins, 5-4.); and
- Johnson v. U.S., No. 13-7120, which addresses whether, without more, possessing a short-barreled shotgun can constitute a violent felony. (I did not call this one, and I’m still clueless.)
Presently, MRW is 2-1 on predictions. More decisions expected on Thursday (an add-on day) and next Monday. Stay tuned.