Ortiz v. Jordan

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Ortiz v. Jordan

Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

Opinion recap: If you want to claim the Fifth . . . – Lyle Denniston

Opinion analysis: Turns out, turnabout is fair play – Kevin Russell

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
09-737	6th Cir.	Nov 1, 2010 Tr.Aud.	Jan 24, 2011	9-0	Ginsburg	OT 2010

Holding: A party in a federal civil case may not appeal a denial of a motion for summary judgment after a District Court has conducted a full trial on the merits.

Plain English Holding: A party in a federal civil case may not appeal a denial of a motion for summary judgment after a district court has conducted a full trial on the merits.

Judgment: Sixth Circuit reversed, 9-0, in an opinion by Justice Ginsburg on January 24, 2011. Justice Thomas concurs in judgment only, joined by Justice Scalia and Justice Kennedy

Brief for the States of Texas, Alabama, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Vermont, West Virginia, Wyoming, Puerto Rico, and the District of Columbia in Support of Respondents

Opinion below (6th Circuit)
Petition for certiorari (unavailable)
Brief in opposition (unavailable)
Petitioner’s reply (unavailable)

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Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

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On Monday the Court granted four new cases and issued opinions in five cases: Arizona v. Inter Tribal Council of Arizona; Salinas v. Texas; FTC v. Actavis; Alleyne v. United States; Maracich v. Spears.

We expect opinions again on Thursday at 10 a.m. We will begin live blogging around 9:00 on Thursday.
Major Cases
- Fisher v. University of Texas at Austin
  Affirmative action
- Shelby County v. Holder
  Constitutionality of Section 5 of Voting Rights Act
- Hollingsworth v. Perry
  California's definition of marriage and the Equal Protection Clause
- United States v. Windsor
  Constitutionality of the Defense of Marriage Act
- Association for Molecular Pathology v. Myriad Genetics, Inc.
  Natural genes are not patentable; synthetic genes are.
Upcoming Petitions
- Wilson v. Flaherty Habeas challenge to sex offender registrations
- Samantar v. Yousuf Common law immunity for foreign officials acting on behalf of foreign states
- Pruitt v. Nova Health Systems Constitutionality of state law requiring pre-abortion ultrasounds
- Lozano v. Alvarez Return of an abducted child under the Hague Convention
More Petitions »
Major Pending Petitions
- Pruitt v. Nova Health Systems
  Constitutionality of state law requiring pre-abortion ultrasounds
- Executive Benefits Insurance Agency v. Arkison
  Bancrupcy court jurisdiction based on "implied consent" of litigants
- Environmental Protection Agency v. EME Homer City Generation
  States' regulation of interstate air pollution contributions under the Clean Air Act
- National Labor Relations Board v. Noel Canning
  Constitutionality of President's recess appointments to NRLB
- Mulhall v. Unite Here Local 355
  Rights under the Labor-Management Relations Act
Recent Decisions
- Salinas v. Texas The privilege against self-incrimination must be expressly invoked.
- Maracich v. Spears Federal law prohibits use of private driver data to solicit clients.
- Federal Trade Commission v. Actavis “Pay for delay” lawsuits against drug manufacturers can proceed.
- Arizona v. The Inter Tribal Council of Arizona, Inc. Arizona’s proof-of-citizenship requirement for voters is preempted by federal law.
- Alleyne v. United States Juries must find facts that increase mandatory minimum sentences.
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Merits Cases Set for Argument 75

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