Today’s SCOTUS Opinions

In United States v. Flores-Villar, the Court affirmed the 9th Circuit by an equally divided Court. There is no opinion in these cases. With Justice Kagan recused, it seems Justice Kennedy swung to the dissenting bloc. The 4-4 split has no precedential value. This is also the second 4-4 split of the term, following Costco v. Omega.

In United States v. Jicarilla Apache Nation, the Court 7-1 held that “the fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United Statesand the Indian tribes.” Justice Alito wrote for the Court. Justice Ginsburg concurred in judgment, joined by Justice Breyer. Justice Sotomayor dissented. Justice Kagan recused.

In Janus Capital Group, Inc. v. First Derivative Traders, the Court 5-3 held that “Because the false statements included in the prospectuses weremade by Janus Investment Fund, not by JCM, JCM and JCG cannotbe held liable in a private action under Rule 10b–5.” Justice Alito wrote for 5 members. Justice Ginsburg dissented, joined by Justices Breyer, Sotomayor, and Sotomayor.

In, Nevada Comm’n on Ethics v. Carrigan, Justice Scalia for a unanimous Court held that “The Nevada Ethics in Government Law is not unconstitutionally overbroad.” Justice Kennedy concurred. Justice Alito concurred in part and concurred in judgment. I have an instant analysis of Carrigan, here. I wrote a post about a comparison between recusal rules for legislators and judges, and another post about a debate between Justice Scalia and Alito about the expressive value of a legislative vote.

I’ll have more commentary on my blog,, throughout the course of the day.

Update: I added a few links above. I also corrected split in Janus.

You may also like...

2 Responses

  1. Jennifer Taub says:

    I was not aware that Kagan recused herself. The slip opinion indicates she joined the dissent. Was there some other statement that suggested otherwise?

  2. Josh Blackman says:

    You are correct, she did not recuse in Janus. My mistake.