3 decisions this morning, 1 vacate & remand of an argued case for further proceedings in an argued case. No order list today. There will be decisions tomorrow.
Holding : The Second Circuit’s judgment that 34 U. S. C. §20913(d)—which requires the Attorney General to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment—is not an unconstitutional delegation of legislative authority is affirmed.
Judgment : Affirmed, 5-3, in an opinion by Justice Kagan on June 20, 2019. Justice Kagan announced the judgment of the Court and delivered an opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Alito filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kavanaugh took no part in the consideration or decision of the case.
Holding : The statute of limitations for McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor—that is, when he was acquitted at the end of his second trial.
Judgment : Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 20, 2019. Justice Thomas filed a dissenting opinion, in which Justices Kagan and Gorsuch joined.
Holding : The Bladensburg Cross does not violate the Establishment Clause.
Judgment : Reversed and remanded, 7-2, in an opinion by Justice Alito on June 20, 2019. Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh joined, and an opinion with respect to Parts II–A and II–D, in which Chief Justice Roberts and Justices Breyer and Kavanaugh joined. Justice Breyer filed a concurring opinion, in which Justice Kagan joined. Justice Kavanaugh filed a concurring opinion. Justice Kagan filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.
Correct outcome, but until I read the decision and the various concurrences, I will withhold further comment.
Holding : The extent to which a 2006 FCC Order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the Fourth Circuit should address in the first instance: (1) whether the Order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether petitioners had a “prior” and “adequate” opportunity to seek judicial review of the Order.
Judgment : Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 20, 2019. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justices Thomas, Alito, and Gorsuch joined.
