Arizona State Legislature v. Arizona Independent Redistricting Commission

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Arizona State Legislature v. Arizona Independent Redistricting Commission

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1314	D. Ariz.	Mar 2, 2015 Tr.Aud.	Jun 29, 2015	5-4	Ginsburg	OT 2014

Holding: The Elections Clause and 2 U.S.C. § 2a(c) permit Arizona’s use of an independent commission to adopt congressional districts.

Judgment: Affirmed, 5-4, in an opinion by Justice Ginsburg on June 29, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.

Independent redistricting commission survives challenge: In Plain English (Amy Howe)
Opinion analysis: A cure for partisan gerrymandering? (Lyle Denniston)
Independent redistricting commission in jeopardy? Today’s oral argument in Plain English (Amy Howe)
Argument analysis: Literalism vs. the power of the people (Lyle Denniston)
Court to hear dispute over redistricting power: In Plain English (Amy Howe)
Argument preview: Who, exactly, is "the legislature"? (Lyle Denniston)
Fate of non-partisan redistricting on the line (Lyle Denniston)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Apr 28 2014	Statement as to jurisdiction filed. (Response due May 30, 2014)
May 6 2014	Waiver of right of appellee Arizona Secretary of State Ken Bennett to respond filed.
May 8 2014	Order extending time to file response to petition to and including June 30, 2014.
Jun 30 2014	Motion to dismiss or affirm filed by appellee Arizona Independent Redistricting Commission and Commissioners.
Jul 14 2014	Reply of appellant Arizona State Legislature, Appellant filed.
Jul 16 2014	DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014	Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits limited to the following questions: 1) Do the Elections Clause of the United States Constitution and 2 U. S. C. §2a(c) permit Arizonas use of a commission to adopt congressional districts? 2) Does the Arizona Legislature have standing to bring this suit?
Nov 7 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellant.
Nov 14 2014	The time to file the joint appendix and appellant's brief on the merits is extended to and including December 2, 2014.
Nov 14 2014	The time to file appellees' brief on the merits is extended to and including January 16, 2015.
Dec 2 2014	Brief of appellant Arizona State Legislature filed.
Dec 2 2014	Joint appendix filed. (Statement of costs filed.)
Dec 9 2014	Brief amicus curiae of National Conference of State Legislatures filed.
Dec 9 2014	Brief amicus curiae of Coolidge-Reagan Foundation filed.
Dec 22 2014	SET FOR ARGUMENT ON Monday, March 2, 2015
Dec 22 2014	Record requested from U.S.D.C. Dist. of Arizona.
Dec 23 2014	Record from U.S.D.C. Dist. of Arizona is electronic and located on PACER.
Jan 5 2015	Application (14A722) to extend the time to file a reply brief from February 17, 2015 to February 23, 2015, submitted to Justice Kennedy.
Jan 7 2015	CIRCULATED.
Jan 7 2015	Application (14A722) denied by Justice Kennedy.
Jan 13 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees the Arizona Independent Redistricting Commission, et al.
Jan 15 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellee Arizona Secretary of State.
Jan 16 2015	Brief of appellees Arizona Independent Redistricting Commission, et al. filed. (Distributed)
Jan 22 2015	Brief amici curiae of Nathaniel Persily, et al. filed. (Distributed)
Jan 23 2015	Brief amicus curiae of the United States filed. (Distributed)
Jan 23 2015	Brief amici curiae of Thomas Mann, and Norman Ornstein filed. (Distributed)
Jan 23 2015	Brief amici curiae of State and Local Elected Officials filed. (Distributed)
Jan 23 2015	Brief amici curiae of Former Gov. Jim Edgar, et al. filed. (Distributed)
Jan 23 2015	Brief amici curiae of Former California Governors George Deukmejian, et al. filed. (Distributed)
Jan 23 2015	Brief amici curiae of Scholars and Historians of Congressional Redistricting filed. (Distributed)
Jan 23 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23 2015	Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed)
Jan 23 2015	Brief amici curiae of Jack Rakove, et al. filed. (Distributed)
Jan 23 2015	Brief amici curiae of The States of Washington, et al. filed. (Distributed)
Jan 23 2015	Brief amicus curiae of California Citizens Redistricting Commission filed. (Distributed)
Jan 23 2015	Brief amici curiae of Members of Congress filed. (Distributed)
Jan 23 2015	Brief amici curiae of League of Women Voters of Arizona, et al. filed. (Distributed)
Jan 23 2015	Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)
Feb 17 2015	Reply of appellant Arizona State Legislature filed. (Distributed)
Feb 20 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 2 2015	Argued. For appellant: Paul D. Clement, Washington, D. C. For appellees: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae); and Seth P. Waxman, Washington, D. C.
Jun 29 2015	Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.
Jul 31 2015	JUDGMENT ISSUED.

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Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann
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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- 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.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Merits cases granted to date 73

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On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73