Bench Memos

NRO’s home for judicial news and analysis.

Today’s Rulings


As expected, nothing today in the Obamacare cases.

Four rulings today, so there remain five cases outstanding in addition to the Obamacare cases. That makes it barely conceivable that the Court might issue all the remaining rulings next Monday, but it’s still most likely that there will be a second session later in the week.

The Court’s ruling in Knox v. SEIU, concerning the First Amendment rights of nonmembers of a public-sector union, appears to have generated some contention. Justice Alito wrote the majority opinion (joined by the Chief, Scalia, Kennedy, and Thomas); Justice Sotomayor, joined by Ginsburg, concurred in the judgment; and Justice Breyer, joined by Kagan, dissented—and announced his dissent from the bench.

In FCC v. Fox Television, the Court, in a nearly unanimous opinion by Justice Kennedy, ruled that the FCC had failed to give broadcasters fair notice of what it would find indecent. It therefore declined to reach the broader First Amendment questions.

I may offer commentary about these (or the other two) cases after I have read the opinions.


Subscribe to National Review