We’re anticipating the possibility of opinions this morning, followed by arguments in two supervised-release sentencing cases: United States v. Haymond and Mont v. United States. Predicting the outcome of high court cases based on oral arguments is always risky, but yesterday’s potentially big ruling on public forum doctrine seemed to disappear into a fact-bound morass. “What I can’t do is figure out what the facts are!” Justice Stephen Breyer told the lawyers. Plus: We have a new round of Brett Kavanaugh recusals—this time, cases involving Big Tobacco (and big law firms). Thanks for reading, and contact us anytime at [email protected] and [email protected].

Kavanaugh’s New Recusals Involve Big Tobacco

The justices on Monday denied review in eight petitions brought by big tobacco companies challenging Florida court judgments in favor of smokers and deceased smokers’ families.