On Monday morning, the Supreme Court will file its opinions in United Auburn Indian Community of the Auburn Rancheria v. Newsom and Reilly v. Marin Housing Authority. (Briefs here; oral argument videos here and here.)
These are the last two undecided cases from the June calendar. In fact, they’re the last two cases in the court’s pipeline, which means the annual opinion drought is about to start. It won’t be surprising to not see a new opinion until November. (See here.) The pipeline will refill with four new cases after next Wednesday’s oral arguments.
In the United Auburn Indian Community case, the court will decide whether the Governor may concur in a decision by the Secretary of the Interior to take off-reservation land in trust for purposes of tribal gaming without legislative authorization or ratification, or whether such an action violates the separation of powers provisions of the state Constitution. The court granted review in January 2017. Justice Joshua Groban is recused, presumably because the case involves actions taken by then-Governor Jerry Brown, for whom Justice Groban was then Brown’s senior advisor. Fourth District, Division Three, Court of Appeal Justice Richard Fybel is the pro tem replacement.
Reilly will answer this question: Are payments by the state In-Home Supportive Services program to family members for services they provide to relatives with developmental disabilities excluded from income under 24 Code of Federal Regulations section 5.609(c)(16) in determining eligibility for Section 8 housing? The court granted review in August 2018.
The opinions can be viewed Monday starting at 10:00 a.m.
