Issue: (1) Whether the court of appeals erred in holding that an Executive Order can and did excuse an agency’s failure to comply with the Administrative Procedure Act; and (2) whether the court of appeals erred in holding that a preliminary-injunction ruling is binding law of the case, contrary to this Court’s settled rule that “the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits,” University of Texas v. Camenisch.
On Monday the Court issued orders from its April 17 Conference, which Lyle reported on. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday. This is the first week of the April sitting.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.