Supreme Court cases, October term 2018-2019
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| SCOTUS |
|---|
|
| Cases by term |
| 2021-2022 term 2020-2021 term |
| Judgeships |
| Posts: 9 |
| Judges: 9 |
| Judges |
| Chief: John Roberts |
| Active: Samuel Alito, Amy Coney Barrett, Stephen Breyer, Neil Gorsuch, Elena Kagan, Brett Kavanaugh, Anthony Kennedy, Sandra Day O'Connor, John Roberts, Sonia Sotomayor, David Souter, Clarence Thomas |
The Supreme Court of the United States is the highest judicial body in the country and leads the judicial branch of the federal government. It is often referred to by the acronym SCOTUS.[1]
| "Beyond the Headlines: The Supreme Court's 2018-2019 Term" |
SCOTUS began hearing cases for the 2018-2019 term on October 1, 2018. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[2]
The court issued decisions in 68 of the 69 cases it heard argued this term. The court scheduled Carpenter v. Murphy for reargument in its October 2019-2020 term. Four additional cases were decided without argument. Between 2007 and 2018, SCOTUS released opinions in 850 cases, averaging 77 cases per year.
See the sections below for additional information on the October 2018 term of the Supreme Court of the United States.
- Term data: This section provides summary information on the cases decided by the Supreme Court of the United States, including case names, decisions, vote totals, opinion authors, and courts of origination. It also includes information on SCOTUS case reversal rates.
- Cases by circuit: This section lists the cases being heard by the Supreme Court of the United States by court of origination (e.g., federal appellate courts, federal district courts, state courts, etc.).
- Cases by sitting: This section lists the cases being heard by the Supreme Court of the United States by date of oral argument.
Term data[edit]
List of cases[edit]
The 2018-2019 term of the Supreme Court of the United States began on October 1, 2018. The following table provides data on the decisions the court delivered during the 2018-2019 term.
SCOTUS case reversal rates[edit]
The Supreme Court of the United States (SCOTUS) issued opinions in 74 cases during its October 2018 term. It reversed 48 lower court decisions (64.9 percent) and affirmed 26. This term's reversal rate was 5 percent lower than the average rate of reversal since 2007 (69.8 percent). Fourteen of the October 2018 term cases originated in the Ninth Circuit, twice as many as from any other circuit. The Ninth Circuit had 12 cases reversed, more than any other lower court in the term, and the same number it had reversed in 2017.
Between 2007 and 2018, SCOTUS released opinions in 923 cases. Of those, it reversed a lower court decision 644 times (69.8 percent) while affirming a lower court decision 261 times (28.3 percent). In that time period, SCOTUS decided more cases originating from the Ninth Circuit (181) than from any other circuit. The next-most was the Sixth Circuit, which had 66 decisions. During that span, SCOTUS overturned a greater number of cases originating from the Ninth Circuit (138), but it overturned a higher percentage of cases originating in the Sixth Circuit (55 of 66 cases, or 83.3 percent).
| SCOTUS decisions by circuit, 2018 | ||||
|---|---|---|---|---|
| Court | Decided | Affirmed | Reversed | Percent Reversed |
| First Circuit | 2 | 1 | 1 | 50.0% |
| Second Circuit | 5 | 1 | 4 | 80.0% |
| Third Circuit | 3 | 1 | 2 | 66.7% |
| Fourth Circuit | 4 | 2 | 2 | 50.0% |
| Fifth Circuit | 4 | 2 | 2 | 50.0% |
| Sixth Circuit | 7 | 4 | 3 | 42.9% |
| Seventh Circuit | 1 | 0 | 1 | 100% |
| Eighth Circuit | 4 | 1 | 3 | 75.0% |
| Ninth Circuit | 14 | 2 | 12 | 85.7% |
| Tenth Circuit | 2 | 1 | 1 | 50.0% |
| Eleventh Circuit | 7 | 4 | 3 | 42.9% |
| D.C. Circuit | 3 | 2 | 1 | 33.3% |
| Federal Circuit | 4 | 2 | 2 | 50.0% |
| Armed Forces | 0 | 0 | 0 | 0% |
| State Court | 11 | 2 | 9 | 82.0% |
| U.S. District Court | 3 | 1 | 2 | 66.7% |
| Original Jurisdiction | 0 | N/A | N/A | N/A |
| Total | 74 | 26 | 48 | 64.9% |
For more historical term data, see this article.
Opinion authorship[edit]
The chart below indicates the number and types of opinions written by each justice during the 2018 term. Thomas wrote the most opinions with 28, while Roberts and Kagan both wrote the least with 12 each.
5-4 decisions[edit]
In this term, the court issued 21 5-4 or 5-3 decisions. This term, those decisions were made by 10 different configurations of justices, the most of any term since 2005. It was also the first time in the Roberts Court that each conservative justice participated in at least one 5-4 decision by joining the court's liberal members in the majority. Across these decisions, less than 50 percent had a majority made up of all five conservative justices (Roberts, Thomas, Alito, Gorsuch, Kavanaugh). The rest had a majority made up of the four liberal justices (Ginsburg, Breyer, Sotomayor, Kagan) and one conservative justice. In the 2017 term, all of the 5-4 votes went in the favor of the conservative justices.[3]
Cases by circuit[edit]
Article III, Section 2 of the United States Constitution establishes the court's jurisdiction. The court has original jurisdiction—when it is the first and only to hear a case—and appellate jurisdiction—when it reviews the decisions of lower courts.[4]
Parties petition SCOTUS to hear a case if they are not satisfied with a lower court's decision. The parties petition the court to grant a writ of certiorari. A writ of certiorari is an "order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal."[4][6]
Select a region to learn more about the lower courts of appeal.
Where are the cases coming from?[edit]
Circuits[edit]
1st Circuit[edit]
2nd Circuit[edit]
- Gundy v. United States
- Republic of Sudan v. Harrison
- Manhattan Community Access Corp. v. Halleck
- McDonough v. Smith
- Department of Commerce v. U.S. District Court for the Southern District of New York
3rd Circuit[edit]
- Air and Liquid Systems Corp. v. Devries
- Knick v. Township of Scott, Pennsylvania
- Merck Sharp & Dohme Corp. v. Albrecht
4th Circuit[edit]
- Home Depot U.S.A. Inc. v. Jackson
- Virginia Uranium, Inc. v. Warren
- The American Legion v. American Humanist Association/ Maryland-National Capital Park and Planning Commission v. American Humanist Association (Consolidated)
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
5th Circuit[edit]
- Henry Schein Inc. v. Archer and White Sales Inc. (2018)
- Weyerhaeuser Company v. United States Fish and Wildlife Service
- United States v. Davis
- Fort Bend County, Texas v. Davis
6th Circuit[edit]
- Biestek v. Berryhill
- Smith v. Berryhill
- Tennessee Wine & Spirits Retailers Association v. Byrd
- Mont v. United States
- Quarles v. United States
- United States v. Stitt (Consolidated with United States v. Sims)
- Shoop v. Hill (Decided without argument)
7th Circuit[edit]
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (Decided without argument)
8th Circuit[edit]
- BNSF Railway Company v. Loos
- Bucklew v. Precythe
- United States v. Sims (Consolidated with United States v. Stitt)
- Food Marketing Institute v. Argus Leader Media
9th Circuit[edit]
- Apple v. Pepper
- Frank v. Gaos
- Mount Lemmon Fire District v. Guido
- Nielsen v. Preap
- Nieves v. Bartlett
- Nutraceutical Corp. v. Lambert
- Sturgeon v. Frost
- Rimini Street Inc. v. Oracle USA Inc.
- Lamps Plus Inc. v. Varela
- The Dutra Group v. Batterton
- Taggart v. Lorenzen
- Parker Drilling Management Services, Ltd. v. Newton
- Emulex Corp. v. Varjabedian (Dismissed as improvidently granted)
- City of Escondido, California v. Emmons (Decided without argument)
- Yovino v. Rizo (Decided without argument)
10th Circuit[edit]
11th Circuit[edit]
- Culbertson v. Berryhill
- Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al.
- Gamble v. United States
- Stokeling v. United States
- Thacker v. Tennessee Valley Authority
- Cochise Consultancy Inc. v. United States, ex rel. Hunt
- Rehaif v. United States
D.C. Circuit[edit]
- Jam v. International Finance Corp.
- Lorenzo v. Securities and Exchange Commission
- Azar v. Allina Health Services
Federal Circuit[edit]
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
- Return Mail v. U.S. Postal Service
- Kisor v. Wilkie
- Iancu v. Brunetti
State and district courts[edit]
- Dawson v. Steager (West Virginia Supreme Court of Appeals)
- Franchise Tax Board of California v. Hyatt (Nevada Supreme Court)
- Garza v. Idaho (Idaho Supreme Court)
- Herrera v. Wyoming (Wyoming Fourth Judicial District Court)
- Madison v. Alabama (Alabama Circuit Court of Mobile County)
- Timbs v. Indiana (Indiana Supreme Court)
- Washington State Department of Licensing v. Cougar Den Inc. (Washington Supreme Court)
- Flowers v. Mississippi (Mississippi Supreme Court)
- Virginia House of Delegates v. Bethune-Hill (United States District Court for the Eastern District of Virginia)
- Rucho v. Common Cause (United States District Court for the Middle District of North Carolina)
- Lamone v. Benisek (United States District Court for the District Of Maryland)
- North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust (Supreme Court of North Carolina)
- Mitchell v. Wisconsin (Supreme Court of Wisconsin)
- Department of Commerce v. New York (United States District Court for the Southern District of New York)
Cases by sitting[edit]
SCOTUS' term is divided into sittings, when the justices hear cases.[7]
Sitting[edit]
October sitting[edit]
October 1, 2018
October 2, 2018
October 3, 2018
October 9, 2018
- U.S. v. Stitt/ U.S. v. Sims (consolidated)
- Stokeling v. U.S.
October 10, 2018
October 29, 2018
October 30, 2018
October 31, 2018
November sitting[edit]
November 5, 2018
November 6, 2018
November 7, 2018
December sitting[edit]
November 26, 2018
November 27, 2018
November 28, 2018
December 3, 2018
December 4, 2018
December 6, 2018
January sitting[edit]
January 7, 2019
January 8, 2019
January 9, 2019
January 14, 2019
January 15, 2019
January 16, 2019
- Knick v. Township of Scott, Pennsylvania (Reargument)
- Tennessee Wine & Spirits Retailers Association v. Byrd
February sitting[edit]
February 19, 2019
February 20, 2019
February 25, 2019
February 26, 2019
February 27, 2019
- The American Legion v. American Humanist Association/
Maryland-National Capital Park and Planning Commission v. American Humanist Association (consolidated)
March sitting[edit]
March 18, 2019
March 19, 2019
March 20, 2019
March 25, 2019
March 26, 2019
March 27, 2019
April sitting[edit]
April 15, 2019
April 16, 2019
- Parker Drilling Management Services, Ltd. v. Newton
- North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
April 17, 2019
April 22, 2019
April 23, 2019
April 24, 2019
Cases removed from argument calendar[edit]
Cases scheduled for next term[edit]
The Supreme Court began hearing cases for the October 2019-2020 term on October 7, 2019. Click here for more information on the cases scheduled for that term.
Cases by date of opinion[edit]
October[edit]
- The court did not deliver opinions in October.
November[edit]
November 6, 2018
November 27, 2018
December[edit]
December 10, 2018
- United States v. Stitt (Consolidated with United States v. Sims)
January[edit]
January 8, 2019
January 15, 2019
January 22, 2019
February[edit]
February 20, 2019
February 26, 2019
February 27, 2019
March[edit]
March 4, 2019
- BNSF Railway Company v. Loos
- Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al.
- Rimini Street Inc. v. Oracle USA Inc.
March 19, 2019
- Nielsen v. Preap
- Air and Liquid Systems Corp. v. Devries
- Washington State Department of Licensing v. Cougar Den Inc.
March 20, 2019
March 26, 2019
March 27, 2019
April[edit]
April 1, 2019
April 24, 2019
April 29, 2019
May[edit]
May 13, 2019
- Apple v. Pepper
- Franchise Tax Board of California v. Hyatt
- Cochise Consultancy Inc. v. United States, ex rel. Hunt
May 20, 2019
May 28, 2019
June[edit]
June 3, 2019
- Azar v. Allina Health Services
- Fort Bend County, Texas v. Davis
- Mont v. United States
- Taggart v. Lorenzen
June 10, 2019
- Quarles v. United States
- Return Mail v. U.S. Postal Service
- Parker Drilling Management Services, Ltd. v. Newton
June 17, 2019
- Manhattan Community Access Corp. v. Halleck
- Virginia Uranium v. Warren
- Gamble v. U.S.
- Virginia House of Delegates v. Bethune-Hill
June 20, 2019
- Gundy v. United States
- McDonough v. Smith
- The American Legion v. American Humanist Association
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
June 21, 2019
- Flowers v. Mississippi
- North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust
- Rehaif v. United States
- Knick v. Township of Scott, Pennsylvania
June 24, 2019
- United States v. Davis
- Food Marketing Institute v. Argus Leader Media
- Iancu v. Brunetti
- The Dutra Group v. Batterton
June 26, 2019
June 27, 2019
Noteworthy court announcements[edit]
The following section lists noteworthy announcements or decisions issued by the court outside of its scheduled case sittings.
Case dismissed as improvidently granted[edit]
- See also: Emulex Corp. v. Varjabedian
April 23, 2019
Emulex Corp. v. Varjabedian was argued before the court on April 15, 2019. The case concerned Section 14(e) of the Securities Exchange Act of 1934. It came on a writ of certiorari to the United States Court of Appeals for the 9th Circuit.[8]
In a per curiam decision on April 23, 2019, the court dismissed the writ as improvidently granted.[9] Dismissed as improvidently granted, or DIG, occurs when the court chooses not to decide a case, even after accepting the appeal or hearing the arguments.[10] Click here for more information.
Opinion issued out of private conference[edit]
May 28, 2019
On May 28, 2019, SCOTUS issued orders from a private conference in the case of Box v. Planned Parenthood on petition from the state of Indiana. On March 24, 2016, then-Gov. Mike Pence (R) signed House Enrolled Act No. 1337 (HEA 1337). The law created new provisions, including one requiring fetal remains be buried or cremated and another prohibiting abortions based on disability, sex, or race of the fetus.[11][12]
In Box v. Planned Parenthood, a federal district court in Indiana declared HEA 1337 unconstitutional and blocked the law's enforcement. The U.S. Court of Appeals for the 7th Circuit agreed.[12]
Acting on the petition from Indiana, SCOTUS issued a per curiam opinion reversing the 7th Circuit's ruling on the provision requiring burial or cremation of fetal remains. "This Court has already acknowledged that a State has a 'legitimate interest in proper disposal of fetal remains.' ... The Seventh Circuit clearly erred in failing to recognize that interest as a permissible basis for Indiana's disposition law." The court did not issue an opinion on the second provision.[12][13]
Active justices[edit]
- See also: Supreme Court of the United States
The Supreme Court consists of nine justices. The court began the 2018 term with eight sitting justices. It increased to nine after Brett Kavanaugh was sworn in on October 6, 2018, to replace the retired Anthony Kennedy.
| Judge | Born | Home | Appointed by | Active | Preceeded | Law school | |
|---|---|---|---|---|---|---|---|
 | Associate justice Samuel Alito | April 1, 1950 | Trenton, N.J. | W. Bush | January 31, 2006 - Present | Sandra Day O'Connor | Yale Law School, 1975 |
 | Chief justice John Roberts | January 27, 1955 | Buffalo, N.Y. | W. Bush | September 29, 2005 - Present | William Rehnquist | Harvard Law, 1979 |
 | Associate justice Clarence Thomas | June 23, 1948 | Savannah, Ga. | H.W. Bush | July 1, 1991 - Present | Thurgood Marshall | Yale Law School, 1974 |
 | Associate justice Stephen Breyer | August 15, 1938 | San Francisco, Calif. | Clinton | August 3, 1994 - Present | Harry Blackmun | Harvard Law School, 1964 |
 | Associate justice Ruth Bader Ginsburg | March 15, 1933 | New York, N.Y. | Clinton | August 5, 1993 - Present | Byron White | Columbia Law School, 1959 |
 | Associate justice Elena Kagan | April 28, 1960 | New York, N.Y. | Obama | August 7, 2010 - Present | John Paul Stevens | Harvard Law School, J.D., 1986 |
 | Associate justice Sonia Sotomayor | June 25, 1954 | New York, N.Y. | Obama | August 6, 2009 - Present | David Souter | Yale Law School, 1979 |
 | Associate justice Neil Gorsuch | August 29, 1967 | Denver, Colo. | Trump | April 10, 2017 - Present | Antonin Scalia | Harvard Law School, 1991 |
 | Associate justice Brett Kavanaugh | February 12, 1965 | Washington, D.C. | Trump | October 6, 2018 - Present | Anthony Kennedy | Yale Law School, 1990 |
See also[edit]
- Supreme Court of the United States
- History of the Supreme Court
- Supreme Court cases, October term 2017-2018
- Supreme Court vacancy, 2018: An overview
External links[edit]
Footnotes[edit]
- ↑ The New York Times, "On Language' Potus and Flotus," October 12, 1997
- ↑ SupremeCourt.gov, "A Brief Overview of the Supreme Court," accessed April 20, 2015
- ↑ Empirical SCOTUS, "Changes Are Afoot: Evidence from 5-4 Decisions During the 2018 Term and What this Tells Us About the Supreme Court Moving Forward," July 7, 2019
- ↑ 4.0 4.1 Administrative Office of the United States Courts, "Supreme Court Procedures," accessed May 23, 2019
- ↑ Administrative Office of the U.S. Courts, "Understanding the Federal Courts," accessed May 23, 2019
- ↑ Administrative Office of the U.S. Courts, "Understanding the Federal Courts," accessed May 23, 2019
- ↑ Supreme Court of the United States, "The Court and Its Procedures," accessed May 23, 2019
- ↑ Supreme Court of the United States, "18-459 Emulex Corporation, et al., Petitioners v. Gary Varjabedian, et al.," accessed March 7, 2019
- ↑ Supreme Court of the United States, Emulex Corp. v. Varjabedian, April 23, 2019
- ↑ Porter Wright, "Can you 'DIG' it? The dismissal of appeals as improvidently granted," accessed April 23, 2019
- ↑ United States Court of Appeals for the 7th Circuit, Box v. Planned Parenthood, April 19, 2018
- ↑ 12.0 12.1 12.2 SCOTUSblog, "Justices reverse in part on Indiana abortion law," May 28, 2019
- ↑ Supreme Court of the United States, Box v. Planned Parenthood, May 28, 2019
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