Arlene’s Flowers Inc. v. Washington

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.

SCOTUSblog Coverage

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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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
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- 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.
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  (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.
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  (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
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- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
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Editor's Note :

Arlene’s Flowers Inc. v. Washington

SCOTUSblog Coverage

Featured Posts

A “view” from the courtroom: Counting to five – Mark Walsh

Argument analysis: Divided court seems ready to uphold citizenship question on 2020 census – Amy Howe

Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for "confidential" commercial information – Mark Fenster

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