Live commentary from reporter David Donovan:
And the Court’s final decision of the day is University of Texas Southwestern v. Nassar, which is an employment law case unrelated to Fisher. That means that the Baby Girl case, Prop 8, DOMA and the VRA are all getting held over until later this week. We will have more coverage of the Fisher decision later today. I think right now everybody is still trying to parse that decision and what it means.
We have our first big decision of the day, in Fisher v. UT Austin. The Court vacated a finding of summary judgment for the University and sent the case back to the appeals court for further consideration of whether the University’s affirmative action policy was narrowly tailored enough to survive strict scrutiny.
The Court’s third opinion today is another case that was below our radar, U.S. v. Kebodoeux, which concerns registration obligations for sex offenders. It now looks very likely that at least some of the big opinions will be held over until later in the week. Could the Court really release all the huge opinions on one day? That looks like a possibility now.
The second opinion released today is Mutual Pharmaceuticals v. Bartlett, which deals with design defect claims for prescription drugs. Another 5-4 decision for the Court’s conservative wing. The Court really seems to be drawing out the drama today. We still haven’t gotten any of the big opinions yet.
The first opinion released is Vance v. Ball State, which is an employment law case. The Court ruled 5-4 in favor of the employer. SCOTUSblog is reporting that they expect three to five opinions to be announced today.