A Functioning Supreme Court

• Contrary to Democrats’ claims, the Supreme Court continues to function with eight justices.

• Since Justice Scalia’s death, the court has heard oral arguments in 10 cases and released written opinions with clear majorities in five cases.

• The court will hear oral argument in the contraceptive mandate case on March 23, and in the case challenging the president’s immigration executive action on April 18.

Contrary to Democrats’ claims that having only eight members on the Supreme Court would endanger the court, the Supreme Court has continued to function without difficulty since Justice Antonin Scalia’s death on February 13. Since that time, the court has heard oral arguments in 10 cases, released written opinions in five cases, scheduled cases for the remainder of this term, and released orders in a number of cases.

“We’ll miss him, but we’ll do our work. For the most part, it will not change.” – Justice Stephen Breyer, 02-25-2016

The Supreme Court has heard oral argument in 10 cases since Justice Scalia’s death. These include cases on government contracts for veteran-owned businesses, patent infringement, energy pricing, recusal of judges, and sex offender registration. Last Wednesday, the court heard oral arguments in Whole Woman’s Health v. Hellerstedt, the challenge to a Texas abortion law. This case is regarded as one of the most likely to split 4-4.

OPINIONS

The Supreme Court has released decisions in three cases, and each had a clear majority.

Lockhart v. United States: In a case of statutory interpretation, the court held in a 6-2 opinion written by Justice Sotomayor that a convicted sex offender could receive a 10-year mandatory minimum sentence due to a prior conviction for sexual assault of an adult. At issue was whether the statute required a prior conviction for sexual assault of a “minor or ward,” rather than an adult, to qualify for the mandatory minimum. The majority held that it did not.

Gobeille v. Liberty Mutual Insurance Company: In another 6-2 opinion, written by Justice Kennedy, the court held that Vermont could not require health care plans subject to ERISA to report health care payments and other information to state agencies, because ERISA preempts the state law.

Americold Realty Trust v. Conagra Foods: On a technical question of civil procedure, the court ruled unanimously that state citizenship of a real estate investment trust is based on the citizenship of its members, including shareholders, when determining if federal courts have jurisdiction over a non-federal case. Justice Sotomayor wrote the opinion.

The court also released two per curiam opinions, which do not identify the author of the opinion and are typically released in noncontroversial cases decided without oral argument. The first decision overturned a state murder conviction because the state failed to turn over exculpatory evidence to the defense. In the second opinion, the court ruled unanimously that the Full Faith and Credit Clause of the Constitution requires Alabama to recognize a Georgia state court judgment of adoption involving a same-sex couple.

ORDERS

The Supreme Court may order to stay a lower court decision or a government action without hearing a case if five justices vote in favor. The court has acted on three notable stay requests since Justice Scalia’s death.

In mid-February, the court rejected a request to block a lower court’s order requiring North Carolina to draw a new congressional district map due to a finding of racial gerrymandering. As a result, the state’s March congressional primary was delayed until June. Last week, the court blocked a Louisiana law requiring abortion providers to have admitting privileges within 30 miles of their clinics. The court also declined to block enforcement of the EPA’s mercury rule while the EPA performs the cost review mandated by the Supreme Court last term.

SCHEDULING

Last week the Supreme Court scheduled 10 cases for oral argument in April, the last period of arguments this term. U.S. v. Texas, the challenge to the president’s immigration executive action, is the most notable of these cases. It will be heard on Monday, April 18. Five cases that the Supreme Court had agreed to hear this term were not scheduled and will be held over for the new term beginning October 3.

LOOKING AHEAD

The court will hear oral arguments in 11 case during the last two weeks of this month. The most prominent of these is Zubik v. Burwell, the consolidation of seven cases challenging the administration’s contraceptive mandate. Oral arguments are scheduled for Wednesday, March 23. The court will also hear a Virginia redistricting case, a challenge to Puerto Rico’s bankruptcy law, and a challenge to an EPA jurisdictional determination under the Clean Water Act.