Artis v. District of Columbia

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Artis v. District of Columbia

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-460	D.C.	Nov 1, 2017 Tr.Aud.	Jan 22, 2018	5-4	Ginsburg	OT 2017

Holding: In the instruction in 28 U.S.C. § 1367(d), which provides that the “period of limitations for” refiling in state court a state claim dismissed along with related federal claims by a federal district court exercising supplemental jurisdiction, “shall be tolled while the claim is pending [in federal court] and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period,” to “toll” a state-law statute-of-limitations period means to hold it in abeyance, i.e., to stop the clock.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Ginsburg on January 22, 2018. Justice Gorsuch filed a dissenting opinion, in which Justices Kennedy, Thomas and Alito joined.

The Annual: OT2017 in Review (First Mondays)
OT2017 #13: "Poker Face" (First Mondays)
Opinion analysis: Court wastes no time deciding that tolling provision stops the clock (Robert Yablon)
A "view" from the courtroom: Open for business, with a hiccup (Mark Walsh)
OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays)
Argument analysis: The Supreme Court’s word of the day is "tolled" (Robert Yablon)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays)
Argument preview: Supreme Court poised to tell when time is tolled (Robert Yablon)
Three new cases, a Breyer dissent and a summary affirmance (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Oct 06 2016	Petition for a writ of certiorari filed. (Response due November 7, 2016)
Oct 19 2016	Waiver of right of respondent District of Columbia to respond filed.
Nov 02 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 03 2016	Response Requested. (Due December 5, 2016)
Dec 01 2016	Order extending time to file response to petition to and including January 4, 2017.
Jan 04 2017	Brief of respondent District of Columbia in opposition filed.
Jan 17 2017	Reply of petitioner Stephanie C. Artis filed.
Jan 18 2017	DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017	DISTRIBUTED for Conference of February 24, 2017.
Feb 27 2017	Petition GRANTED.
Mar 29 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2017.
Mar 29 2017	The time to file respondent's brief on the merits is extended to and including August 11, 2017.
May 11 2017	Motion to dispense with printing the joint appendix filed by petitioner Stephanie C. Artis.
May 25 2017	Brief of petitioner Stephanie C. Artis filed.
May 30 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 11 2017	Brief of respondent District of Columbia filed.
Aug 18 2017	Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 18 2017	Brief amici curiae of National Conference of State Legislatures, et al. filed.
Aug 18 2017	Brief amici curiae of Wisconsin and 23 other states filed.
Aug 31 2017	SET FOR ARGUMENT on Wednesday, November 1, 2017
Sep 07 2017	CIRCULATED
Sep 11 2017	Reply of petitioner Stephanie C. Artis filed. (Distributed)
Sep 12 2017	Record requested from the D.C. Court of Appeals.
Sep 25 2017	Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Nov 01 2017	Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Loren L. AliKhan, Deputy Solicitor General, Washington, D. C.
Jan 22 2018	Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined.
Feb 23 2018	MANDATE ISSUED.
Feb 23 2018	JUDGMENT ISSUED.

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Challengers ask justices to put off census decision – Amy Howe
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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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