Here is the second opinion of the day from the Supreme Court.
Case - Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba)
Authored by - Justice Kavanaugh
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Gorsuch, and Barrett.
Holding - The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities; plaintiffs who sue Cuban agencies or instrumentalities under the Act need not also satisfy one of FSIA’s enumerated exceptions to foreign sovereign immunity.
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-699_f204.pdf
Case - Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba)
Authored by - Justice Kavanaugh
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Gorsuch, and Barrett.
Holding - The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities; plaintiffs who sue Cuban agencies or instrumentalities under the Act need not also satisfy one of FSIA’s enumerated exceptions to foreign sovereign immunity.
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-699_f204.pdf
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Here is the third opinion of the day from the Supreme Court.
Case - Landor v. Louisiana Dept. of Corrections and Public Safety.
Authored by - Justice Gorsuch
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Kavanaugh, and Barrett.
Holding - Individuals may not be held liable in their personal capacities un-
der a Spending Clause statute unless those individuals have voluntar-
ily and knowingly consented to answer lawsuits under the statute; because the individual defendants in this case did not voluntarily and knowingly consent to face RLUIPA liability in an agreement with the
federal government, Mr. Landor’s case cannot proceed against them.
Dissent - Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/23-1197_h3ci.pdf
Case - Landor v. Louisiana Dept. of Corrections and Public Safety.
Authored by - Justice Gorsuch
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Kavanaugh, and Barrett.
Holding - Individuals may not be held liable in their personal capacities un-
der a Spending Clause statute unless those individuals have voluntar-
ily and knowingly consented to answer lawsuits under the statute; because the individual defendants in this case did not voluntarily and knowingly consent to face RLUIPA liability in an agreement with the
federal government, Mr. Landor’s case cannot proceed against them.
Dissent - Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/23-1197_h3ci.pdf
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Here is the fourth opinion of the day from the Supreme Court.
Case - Pung v. Isabella County
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett and Jackson. Justice Thomas joined by except as to Part II-B. Justice Thomas filed a concurring opinion and concurring in the judgment, in which Justice Gorsuch joined.
Holding - The proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypothetical fair market value, at least when the sale is fairly conducted in light of the
country’s history of tax sales.
Dissent - None.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-95_dc8e.pdf
Case - Pung v. Isabella County
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett and Jackson. Justice Thomas joined by except as to Part II-B. Justice Thomas filed a concurring opinion and concurring in the judgment, in which Justice Gorsuch joined.
Holding - The proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypothetical fair market value, at least when the sale is fairly conducted in light of the
country’s history of tax sales.
Dissent - None.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-95_dc8e.pdf
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Here is the fifth and final opinion of the day from the Supreme Court.
Case - Blanche v. Lau
Authored by - Justice Thomas
Joined by - Chief Justice Roberts, Justices Alito, Gorsuch, Kavanaugh, and Barrett.
Holding - The Immigration and Nationality Act (INA) does not require a border officer to have clear and convincing evidence that a lawful permanent resident has committed a crime involving moral turpitude before deeming the resident an applicant for admission.
Dissent - Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-429_h3ci.pdf
Case - Blanche v. Lau
Authored by - Justice Thomas
Joined by - Chief Justice Roberts, Justices Alito, Gorsuch, Kavanaugh, and Barrett.
Holding - The Immigration and Nationality Act (INA) does not require a border officer to have clear and convincing evidence that a lawful permanent resident has committed a crime involving moral turpitude before deeming the resident an applicant for admission.
Dissent - Justice Jackson, joined by Justice Sotomayor and Justice Kagan.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-429_h3ci.pdf
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REMINDER: Thursday is also an opinion day this week. There are currently 12 cases remaining on the docket, nine of which are considered “high profile”, given this circumstance, the odds of the Court releasing an opinion in a major case drastically increases after each opinion session moving forward. It’s unlikely the Court will release all 12 on Thursday, meaning we will likely be back next week for more.
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Here is the first opinion of the day from the Supreme Court.
Case - Monsanto v. Durnell
Authored by - Justice Kavanaugh
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Sotomayor, Kagan, and Barrett.
Holding - FIFRA expressly preempts Durnell’s state-law failure-to-warn
claim because the claim would require Monsanto to add a cancer warning to Roundup’s label.
Dissent - Justice Jackson, joined by Justice Gorsuch.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf
Case - Monsanto v. Durnell
Authored by - Justice Kavanaugh
Joined by - Chief Justice Roberts, Justices Thomas, Alito, Sotomayor, Kagan, and Barrett.
Holding - FIFRA expressly preempts Durnell’s state-law failure-to-warn
claim because the claim would require Monsanto to add a cancer warning to Roundup’s label.
Dissent - Justice Jackson, joined by Justice Gorsuch.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf
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Here is the second opinion of the day from the Supreme Court.
Case - Wolford v. Lopez
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Thomas, Gorsuch, Kavanaugh and Barrett.
Holding - Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments.
Dissent - Justice Sotomayor, joined by Justice Jackson. Justice Kagan filed a dissenting opinion.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf
Case - Wolford v. Lopez
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Thomas, Gorsuch, Kavanaugh and Barrett.
Holding - Hawaii’s law prohibiting licensed concealed-carry permit holders from carrying handguns on private property open to the public without the property owner’s express authorization violates the Second and Fourteenth Amendments.
Dissent - Justice Sotomayor, joined by Justice Jackson. Justice Kagan filed a dissenting opinion.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/24-1046_nmio.pdf
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Here is the third opinion of the day from the Supreme Court.
Case - Mullin v. Al Otro Lado
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Thomas, Gorsuch, Kavanaugh and Barrett.
Holding - An alien standing in Mexico does not “arriv[e] in the United States” by attempting, and failing, to set foot in this country. An alien “arrives in the United States” only when he crosses the border. The INA thus neither entitles an alien standing in Mexico to apply for asylum nor
requires an immigration officer to inspect him.
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-5_86qd.pdf
Case - Mullin v. Al Otro Lado
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justices Thomas, Gorsuch, Kavanaugh and Barrett.
Holding - An alien standing in Mexico does not “arriv[e] in the United States” by attempting, and failing, to set foot in this country. An alien “arrives in the United States” only when he crosses the border. The INA thus neither entitles an alien standing in Mexico to apply for asylum nor
requires an immigration officer to inspect him.
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-5_86qd.pdf
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Here is the fourth and final opinion of the day from the Supreme Court.
Case - Mullin v. Doe
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justice Thomas and Justice Kavanaugh. Justice Gorsuch and Justice Barrett joined except as to Part III-A.
Holding - The TPS statute bars judicial review of non-constitutional claims
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf
Case - Mullin v. Doe
Authored by - Justice Alito
Joined by - Chief Justice Roberts, Justice Thomas and Justice Kavanaugh. Justice Gorsuch and Justice Barrett joined except as to Part III-A.
Holding - The TPS statute bars judicial review of non-constitutional claims
Dissent - Justice Sotomayor, joined by Justice Kagan and Justice Jackson.
Link to opinion - https://www.supremecourt.gov/opinions/25pdf/25-1083_f204.pdf
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JUST IN - Supreme Court to release one or more opinions in argued cases on Monday June 29, at 10amET. There are eight cases left, all of which considered “major”.
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