Welcome to the Monday, December 16, Brew. Here’s what’s in store for you as you start your day:

1. Supreme Court issues first two opinions of the 2019-20 term
2. Comparing the responsibilities of each state’s lieutenant governor
3. Quiz: Which states currently use a top-two open primary system for statewide elections?

Supreme Court issues first two opinions of the 2019-20 term

The U.S. Supreme Court heard oral argument in six cases last week and has already heard argument in 31 cases since Oct. 7. The Court has so far agreed to hear 58 cases this term. In the 2018-2019 term, SCOTUS considered 75 cases and in the 2017-2018 term, SCOTUS agreed to hear 71 cases.

The Court also released its first two opinions of the current term last week. The table below shows when the Supreme Court released its first opinion of the respective term for cases argued before it. This table does not include per curiam decisions, which are opinions issued collectively by the Court as a whole: 

Here are summaries of the two decisions issued by the Supreme Court last week:

Rotkiske v. Klemm

In Rotkiske v. Klemm—issued Dec. 10—the court ruled 8-1 that the Fair Debt Collection Practices Act's (FDCPA) "statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered." Justice Clarence Thomas wrote the 8-1 opinion. Justice Sonia Sotomayor filed a concurring opinion. Justice Ruth Bader Ginsburg wrote an opinion dissenting in part and dissenting from the judgment. The case was argued on Oct. 16.

In affirming the district court's ruling, the Court affirmed the 3rd Circuit’s rejection of Rotkiske's argument that the FDCPA incorporates a "discovery rule" that "delays the beginning of a limitations period until the plaintiff knew of or should have known of his injury." 

Peter v. NantKwest

In Peter v. NantKwest—issued Dec. 11—the court unanimously affirmed the decision of the U.S. Court of Appeals for the Federal Circuit. SCOTUS held the United States Patent and Trademark Office (PTO) cannot recover attorneys fees and expenses under Section 145 of the U.S. Patent Act. Justice Sotomayor wrote the opinion. The case was argued on Oct. 7. 

In her opinion, Justice Sotomayor wrote that the language in Section 145 "does not invoke attorney's fees with the kind of 'clarity we have required to deviate from the American Rule.'" The "American Rule" is a principle in which each litigant pays his or her own attorney's fees unless the law or a contract says otherwise.

Of the 68 opinions the Supreme Court issued in its 2018-19 term, 25 were unanimous and four where a single justice dissented. 

Did you make a New Year’s resolution—like me—to follow the Supreme Court and federal judiciary more closely? We have just the newsletter for you—Bold Justice. Subscribe today to be in the know about appointments and confirmations of judges, Supreme Court decisions, and all that’s happening with the federal courts. Sign up here and you’ll receive the next edition in your email when it’s issued Jan. 6, 2020!

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Comparing the responsibilities of each state’s lieutenant governor

Jacqueline Coleman (D) was sworn in as Kentucky’s lieutenant governor on Dec. 10 along with six other state executive officers who won election in Kentucky Nov. 5. The other two lieutenant governors who won election in 2019—Billy Nungesser (R) in Louisiana and Delbert Hosemann (R) in Mississippi—will be sworn in in January. What better time than now to dig into the different aspects of the lieutenant governor offices nationwide. I asked our elections team to send over some interesting tidbits—and they did not disappoint. 

The office of lieutenant governor is an elected statewide executive office in 43 states. In two other states— Tennessee and West Virginia—the President of the State Senate serves as lieutenant governor. Five states—Arizona, Maine, New Hampshire, Oregon, and Wyoming—do not have lieutenant governors.

Lieutenant governors derive their responsibilities from several sources, including gubernatorial appointments, statutes, and their respective state constitutions.

In a majority of states that have the office, the lieutenant governor serves as the acting governor when the governor is absent. Every lieutenant governor is the first official in the line of succession to the governor's office if the governor dies, resigns, or otherwise does not complete their term in office. 

Here is a summary of the powers and duties of the nation’s 45 lieutenant governors:

• 33 serve as acting governor when the governor is out of the state.

• 27 serve as President of the Senate, while 23 have the power to break roll-call ties.

• 25 can be assigned gubernatorial duties at the governor’s discretion.

• 23 serve as members of the governor’s cabinet or advisory body.

• 11 have the power to appoint legislative committees.

• Eight have the power to assign bills to committees.

There are currently 24 Republican lieutenant governors and 20 Democratic lieutenant governors. The lieutenant governor of Vermont—David Zuckerman—is primarily affiliated with the Vermont Progressive Party and also cross-filed to run with the Democratic Party in 2018. The map below shows the current partisan affiliation of the lieutenant governor in all 50 states. Nine states will hold elections for lieutenant governor in 2020. 

Quiz: Which states currently use a top-two open primary system for statewide elections?

Florida voters will decide a state constitutional amendment in 2020 establishing a top-two open primary system for state legislators, the governor, and other state offices. Under the measure—which was certified for the ballot Dec. 6—all candidates would appear on one primary ballot regardless of political affiliation. The primary would be open to all voters and the two candidates who receive the most votes—regardless of party—would advance to the general election.

In races where only two candidates qualify, the primary would be canceled and the election winner would be decided in the general election. If the measure is approved by 60% of voters in the Nov. 3, 2020, general election, it would become effective in 2024. 

As I mentioned when we covered this story in the Brew last week, which two states currently use a top-two open primary system for congressional and statewide elections? 

• California and Nebraska→

• California and Oregon→

• California and Washington→

• Colorado and Oregon→

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