Arlene’s Flowers Inc. v. Washington

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Arlene’s Flowers Inc. v. Washington

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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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)

Petition granted, judgment vacated and case remanded for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission on June 25, 2018.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-108	Wash.	N/A	N/A	N/A	N/A	OT 2017

Issues: (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.

Court sends battles over services for same-sex couples, North Carolina gerrymandering back to lower courts (Updated) (Amy Howe)
Five new grants, one CVSG, but no Arlene’s Flowers (Amy Howe)
No new grants today (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 04 2017	Application (16A961) to extend the time to file a petition for a writ of certiorari from May 17, 2017 to July 16, 2017, submitted to Justice Kennedy.
Apr 11 2017	Application (16A961) granted by Justice Kennedy extending the time to file until July 16, 2017.
Jul 14 2017	Petition for a writ of certiorari filed. (Response due August 21, 2017)
Jul 21 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Jul 28 2017	Blanket Consent filed by Respondent, Washington on 08/11/2017
Aug 03 2017	Blanket Consent filed by Respondent, Curt Freed, et al. on 07/25/2017.
Aug 04 2017	Order extending time to file response to petition to and including October 20, 2017.
Aug 15 2017	Brief amici curiae of The Cato Institute, et al. filed.
Aug 16 2017	Brief amicus curiae of North Carolina Values Coalition and the Family Research Council filed.
Aug 18 2017	Brief amicus curiae of The Becket Fund For Religious Liberty filed.
Aug 21 2017	Brief amici curiae of The Washington State Catholic Conference, et al. filed.
Aug 21 2017	Brief amicus curiae of The Foundation for Moral Law filed.
Aug 21 2017	Brief amici curiae of International Christian Photographers, et al. filed.
Aug 21 2017	Brief amicus curiae of Legal Scholar Adam J. MacLeod filed.
Aug 21 2017	Brief amici curiae of The States of Texas, et al. filed.
Aug 21 2017	Brief amici curiae of United States Senators and Representatives filed.
Aug 21 2017	Brief amicus curiae of The Thomas More Society filed.
Aug 21 2017	Brief amici curiae of The Restoring Religious Freedom Project filed.
Aug 21 2017	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Oct 20 2017	Brief of respondent Washington in opposition filed.
Oct 20 2017	Brief of respondents Robert Ingersoll and Curt Freed in opposition filed.
Nov 08 2017	DISTRIBUTED for Conference of 12/1/2017.
Nov 09 2017	Reply of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
Jun 04 2018	DISTRIBUTED for Conference of 6/7/2018.
Jun 06 2018	Supplemental brief of petitioners Arlene's Flowers, Inc., et al. filed. (Distributed)
Jun 07 2018	Supplemental brief of respondents Robert Ingersoll and Curt Freed filed. (Distributed)
Jun 11 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 13 2018	Supplemental brief of respondent Washington filed. (Distributed)
Jun 18 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 25 2018	Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 584 U. S. ____ (2018).
Jul 27 2018	MANDATE ISSUED.
Jul 27 2018	JUDGMENT ISSUED.

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Court will review census citizenship dispute this term – Amy Howe

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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
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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Cases argued 43

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Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

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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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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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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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