Williams-Yulee v. The Florida Bar

Williams-Yulee v. The Florida Bar

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

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Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1499	Fla.	Jan 20, 2015 Tr.Aud.	Apr 29, 2015	5-4	Roberts	OT 2014

Holding: Florida’s ban on the personal solicitation of campaign funds by candidates for judgeships does not violate the First Amendment.

Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on April 29, 2015. Chief Justices Roberts delivered the opinion of the Court, except as to Part II. Justices Breyer, Sotomayor, and Kagan joined that opinion in full, and Justice Ginsburg joined except as to Part II. Justice Breyer filed a concurring opinion. Justice Ginsburg filed an opinion concurring in part and concurring in the judgment, in which Justice Breyer joined as to Part II. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Kennedy and Justice Alito filed dissenting opinions.

Symposium: For judges only (Bob Corn-Revere)
Symposium: “Seem familiar?” and other random musings on Williams-Yulee (Josh Wheeler)
Symposium: Yes, it can hurt just to ask (Robert D. Durham)
Symposium: The judicial-elections exception to the First Amendment (Ilya Shapiro)
Symposium: Much ado about nothing? (Matthew Streb)
Symposium: The distinctive character of judging (Joseph Grodin)
Symposium: The Justices’ premises about judicial elections (Lawrence Baum)
Symposium: A rare case indeed (Jessica Ring Amunson)
Symposium: When strict scrutiny ceased to be strict (Floyd Abrams)
Foreword: Are elected state judges now “above the political fray”? (Ronald Collins)
In Plain English: Justices finally find speech they do not like – and it’s by (would-be) judges (Amy Howe)
Opinion analysis: A modest restraint on campaign fund-raising (Lyle Denniston)
Justices debate limits on solicitations by judges: In Plain English (Amy Howe)
Argument analysis: Running for a court seat, tin cup in hand? (Lyle Denniston)
The First Amendment and campaign solicitations: In Plain English (Amy Howe)
Argument preview: Judges, politics, and money (Lyle Denniston)
SCOTUS for law students: Financing judicial elections (Stephen Wermiel)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Jun 17 2014	Petition for a writ of certiorari filed. (Response due July 18, 2014)
Jun 30 2014	Waiver of right of respondent The Florida Bar to respond filed.
Jul 9 2014	DISTRIBUTED for Conference of September 29, 2014.
Jul 24 2014	Response Requested . (Due August 25, 2014)
Aug 22 2014	Brief of respondent The Florida Bar in opposition filed.
Aug 26 2014	Reply of petitioner Lanell Williams-Yulee filed.
Sep 3 2014	DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014	Petition GRANTED.
Nov 12 2014	Motion to dispense with printing the joint appendix filed by petitioner Lanell Williams-Yulee.
Nov 17 2014	Brief of petitioner Lanell Williams-Yulee filed.
Nov 21 2014	SET FOR ARGUMENT ON Tuesday, January 20, 2015
Nov 24 2014	Brief amici curiae of American Civil Liberties Union, et al., filed.
Nov 24 2014	Brief amici curiae of Randolph Wolfson, et al. filed.
Nov 24 2014	Brief amicus curiae of The Thomas Jefferson Center for the Protection of Free Expression filed.
Nov 24 2014	Brief amicus curiae of Cameron A. Blau filed.
Dec 1 2014	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 2 2014	Record requested from Supreme Court of Florida.
Dec 8 2014	Record received from Supreme Court of Florida. The record is electronic.
Dec 12 2014	CIRCULATED.
Dec 17 2014	Brief of respondent The Florida Bar filed. (Distributed)
Dec 19 2014	Brief amici curiae of Free Speech for People, and James C. Nelson filed. (Distributed)
Dec 22 2014	Brief amicus curiae of Professor Jed Shugerman filed. (Distributed).
Dec 23 2014	Brief amici curiae of Professors of Law, Economics, and Political Science filed. (Distributed)
Dec 23 2014	Brief amici curiae of Public Citizen, Inc. and Democracy 21 filed. (Distributed).
Dec 23 2014	Brief amici curiae of States of Arizona, et al., filed. (Distributed)
Dec 23 2014	Brief amici curiae of State and Local Judicial Reform Groups filed. (Distributed)
Dec 23 2014	Brief amici curiae of Brennan Center for Justice at NYU School of Law, et al. filed. (Distributed)
Dec 23 2014	Brief amicus curiae of The Carter Center filed. (Distributed)
Dec 24 2014	Brief amicus curiae of Conference of Chief Justices filed. (Distributed)
Dec 24 2014	Brief amici curiae of Thomas R. Phillips, et al., filed. (Distributed).
Dec 24 2014	Brief amici curiae of Major B. Harding, et al., filed. (Distributed).
Dec 24 2014	Brief amicus curiae of American Bar Association filed. (Distributrd).
Dec 24 2014	Brief amici curiae of Norman Dorsen, et al., filed. (Distributed)
Jan 13 2015	Reply of petitioner Lanell Williams-Yulee filed. (Distributed)
Jan 20 2015	Argued. For petitioner: Andrew J. Pincus, Washington, D. C. For respondent, Barry Richard, Tallahassee, Fla.
Apr 29 2015	Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, except as to Part II. Breyer, Sotomayor, and Kagan, JJ., joined that opinion in full, and Ginsburg, J., joined except as to Part II. Breyer, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment, in which Breyer, J., joined as to Part II. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Kennedy, J., and Alito, J., filed dissenting opinions.
Jun 1 2015	MANDATE ISSUED.

Featured Posts

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

Justices asked to intervene in grand jury dispute (UPDATED) – Amy Howe
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On Friday the justices meet for their January 4 conference; John Elwood's Relist Watch compiles the petitions likely relisted for this conference.
The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
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Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57