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Sunday, June 25, 2017

SCOTUS Symposium: The final week

We enter the final week of June and the final week of the Term. Six cases remain, with Monday the final scheduled opinion day, so expect a flurry. I am most interested in Hernandez v. Mesa, which could produce either further contraction of Bivens or further expansion of qualified immunity. Plus, the Court  has full briefing on the travel ban cases. Plus, rumors of Justice Kennedy's retirement are heating up. Or maybe it is Justice Thomas.

So as we enter the final week and the wrap-up to our End-of-Term Symposium, let's talk about everything that happens on Monday, as well as some broader lessons, conclusions, criticisms, praise, and perspectives from the Term as a whole, and some predictions about what might happen in OT 2017.

Posted by Howard Wasserman on June 25, 2017 at 10:28 PM in 2018 End of Term, Howard Wasserman | Permalink


Yeah, I think people looking for an interesting opinion, outside of the religion-clause-enthusiast crowd and the class-action bar, will have to content themselves with Dimaya, though Dimaya perhaps presents a question that isn't that exciting unless you're a federal judge or have clerked in the last ten years. Then again, I wouldn't count out DIG/reargument in Dimaya either.

Posted by: Asher Steinberg | Jun 25, 2017 11:25:38 PM

At this point, I have to think Hernandez is either a reargument or a DIG. Otherwise, why wasn't it handed down together with Abbasi?

Posted by: Steve Vladeck | Jun 25, 2017 10:37:22 PM

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