Monday, June 10, 2019

A Supreme Storm Warning

If it's a Monday in June, it means it's time for the Supreme Court, and we start off with Justice Ruth Bader Ginsburg all but promising that the major cases yet to be resolved this term, including the Roberts Court's major decisions on gerrymandering and citizenship questions on the US Census, will be decided by a 5-4 vote.

Justice Ruth Bader Ginsburg hinted that sharp divisions will mark the final weeks of a Supreme Court term that will include major rulings on the census and partisan gerrymandering.

Speaking before the annual conference of federal judges in New York, Ginsburg suggested that more than a quarter of the court’s remaining 27 rulings will be decided by a single vote. Of the 43 argued cases settled so far, 11 were by a vote of either 5-4 or 5-3, she said.

“Given the number of most-watched cases still unannounced, I cannot predict that the relatively low sharp divisions ratio will hold,” the 86-year-old justice said, according to a copy of her remarks provided by the court on Friday.

The justices are scheduled to finish their nine-month term at the end of this month. It’s the first session since Justice Brett Kavanaugh joined the court and strengthened its conservative majority.

Ginsburg has made an annual practice of summarizing the high court’s term at the June conference, often offering what seem to be tantalizing hints about the outcome of the court’s biggest disputes.

She touched on both the census and gerrymandering cases in her remarks Friday. She linked the census case, which will determine whether Commerce Secretary Wilbur Ross can include a question about citizenship in the 2020 survey, to the court’s decision last year upholding President Donald Trump’s travel ban.

The travel ban ruling “granted great deference to the executive,” Ginsburg said. Opponents of the citizenship question “have argued that a ruling in Secretary Ross’s favor would stretch deference beyond the breaking point.”

We'll see what decisions are announced today.

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