Simmons v. Sabine River Authority of Louisiana

Editor's Note :

Simmons v. Sabine River Authority of Louisiana

Symposium: The Supremes put off deciding whether politics violates the Constitution – Hans von Spakovsky

Symposium: The elections clause as a structural constraint on partisan gerrymandering of Congress – Richard Pildes

Opinion analysis: Form order certifying that judge considered appropriate factors was sufficient to explain sentencing modification – Susan Klein

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Conference of June 14, 2018

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Petition for certiorari denied on April 21, 2014

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-815	5th Cir.	N/A	N/A	N/A	N/A	OT 2013

Issue: Whether the Federal Power Act (FPA) preempts petitioners' property damage tort and takings claims caused by the operation of the licensee of a Federal Energy Regulatory Commission licensed dam project, where the provisions of the FPA have explicitly saved and reserved such claims to the property owners.

Petition of the day (Maureen Johnston)

Date	Proceedings and Orders
Jan 7 2014	Petition for a writ of certiorari filed. (Response due February 10, 2014)
Feb 5 2014	Order extending time to file response to petition to and including March 12, 2014.
Mar 11 2014	Brief of respondents Sabine River Authority of Louisiana, et al. in opposition filed.
Mar 26 2014	DISTRIBUTED for Conference of April 18, 2014.
Apr 21 2014	Petition DENIED.

Featured Posts

Symposium: The Supremes put off deciding whether politics violates the Constitution – Hans von Spakovsky

Symposium: The elections clause as a structural constraint on partisan gerrymandering of Congress – Richard Pildes

Opinion analysis: Form order certifying that judge considered appropriate factors was sufficient to explain sentencing modification – Susan Klein
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On Monday the Supreme Court released orders from the June 14 conference and opinions in argued cases.
The justices granted certiorari in five cases: Sturgeon v. Frost, Garza v. Idaho, Lorenzo v. SEC, Timbs v. Indiana and Apple v. Pepper.
The justices released their decisions in Rosales-Mireles v. United States, Chavez-Meza v. United States, Lozman v. Riviera Beach, Gill v. Whitford and Benisek v. Lamone.
On Thursday, there is a possibility of opinions at 10 a.m. The justices will meet for their June 21 conference; our list of “petitions to watch” for that conference will be available soon.
Major Cases
- Trump v. Hawaii
  (1) Whether the respondents’ challenge to the president’s suspension of entry of aliens abroad is justiciable; (2) whether the proclamation – which suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors – is a lawful exercise of the president’s authority to suspend entry of aliens abroad; (3) whether the global injunction barring enforcement of the proclamation’s entry suspensions worldwide, except as to nationals of two countries and as to persons without a credible claim of a bona fide relationship with a person or entity in the United States, is impermissibly overbroad; and (4) whether the proclamation violates the establishment clause of the Constitution.
- South Dakota v. Wayfair, Inc.
  Whether the Supreme Court should abrogate Quill Corp. v. North Dakota's sales-tax-only, physical-presence requirement.
- Janus v. American Federation of State, County, and Municipal Employees, Council 31
  Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment.
- Gill v. Whitford
  Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- Carpenter v. United States
  Whether the warrantless seizure and search of historical cellphone records revealing the location and movements of a cellphone user over the course of 127 days is permitted by the Fourth Amendment.
- Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
see all this term’s cases »
Recent Decisions
- Benisek v. Lamone Because the balance of equities and the public interest tilt against the preliminary injunction motion of plaintiffs claiming that a Maryland congressional district was gerrymandered to retaliate against them for their political views, the district court did not abuse its discretion in denying the motion.
- Chavez-Meza v. United States Because the record in this case demonstrates that the judge had a reasoned basis for his decision, the judge’s explanation for reducing, under 18 U. S. C. §3582(c)(2), Adaucto Chavez-Meza’s sentence to the middle rather than the bottom of the amended Federal Guidelines range was adequate.
- Gill v. Whitford Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
- Lozman v. City of Riviera Beach, Florida The existence of probable cause for Fane Lozman’s arrest for disrupting a city council meeting does not bar his First Amendment retaliatory arrest claim under the circumstances of this case.
- Rosales-Mireles v. United States A miscalculation of a Federal Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the defendant’s sentence in the ordinary case.
see all this term’s cases »
Current Relists
- Arlene's Flowers Inc. v. Washington (1) Whether the creation and sale of custom floral arrangements to celebrate a wedding ceremony is artistic expression, and, if so, whether compelling their creation violates the free speech clause; and (2) whether the compelled creation and sale of custom floral arrangements to celebrate a wedding and attendance of that wedding against one's religious beliefs violates the free exercise clause.
- Bearcomesout v. United States Whether the “separate sovereign” concept actually exists when Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s constitution in such a way that the petitioner’s prosecutions in both tribal and federal court violate the double jeopardy clause of the Fifth Amendment to the U. S. Constitution.
- Biestek v. Berryhill Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s request to provide the underlying data on which that testimony is premised.
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Cases argued 63

Cases decided 49

Summary reversals 6

Merits cases granted to date 63

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Justice Thomas gives commencement address

On May 12, Justice Clarence Thomas gave the commencement address at Christendom College in Front Royal, Virginia.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

4
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7
Conference

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14
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18
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21
Conference
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Cases argued	63
Cases decided	49
Summary reversals	6
Merits cases granted to date	63