Azar v. Garza

Petition for a writ of certiorari granted, en banc order of the U.S. Court of Appeals for the District of Columbia Circuit vacated and case remanded to the court of appeals with instructions to direct the district court to dismiss the relevant individual claim for injunctive relief as moot on June 4, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-654	D.C. Cir.	Not Argued	Jun 4, 2018	n/a	Per Curiam	OT 2017

Holding: The litigation over Jane Doe’s temporary restraining order allowing her to obtain an abortion despite the policy of the Office of Refugee Resettlement falls squarely within established practice to reverse or vacate the judgment below and remand with a direction to dismiss when a civil case from a court in the federal system has become moot while on its way to the Supreme Court.

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Date	Proceedings and Orders (key to color coding)
Nov 03 2017	Petition for a writ of certiorari filed. (Response due December 4, 2017)
Nov 03 2017	Motion to lodge non-record material under seal filed by petitioners.
Nov 08 2017	Motion DISTRIBUTED for Conference of 12/1/2017.
Nov 17 2017	Response to Motion Requested. (Due December 18, 2017)
Nov 30 2017	Brief amicus curiae of Legal Center for Defense of Life filed.
Dec 04 2017	Brief amici curiae of The States of Texas, et al. filed.
Dec 04 2017	Brief of respondent Rochelle Garza, as Guardian ad Litem to Unaccompanied Minor J.D. in opposition filed.
Dec 18 2017	Motion to lodge non-record material under seal with redacted copies for the public record filed by petitioners.
Dec 18 2017	Letter in response to the motion to lodge non-record material under seal with redacted copies for the public record filed by respondent.
Dec 19 2017	Reply of petitioners Eric D. Hargan, et al. filed.
Dec 20 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 04 2018	Rescheduled.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 11 2018	Letter of January 11, 2018 from counsel for respondent received. (Distributed)
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Jan 18 2018	Letter of January 18, 2018, from counsel for the petitioners received. (Distributed)
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	DISTRIBUTED for Conference of 3/2/2018.
Feb 26 2018	Record Requested.
Feb 26 2018	Record received from the U.S.D.C. for the District of Columbia. The record is electronic and available on PACER. SEALED materials transmitted separately.
Feb 26 2018	Record received from the U.S.C.A. for the D.C. Circuit. The record is electronic and available on PACER. SEALED materials transmitted separately.
Mar 12 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018	DISTRIBUTED for Conference of 3/23/2018.
Mar 26 2018	DISTRIBUTED for Conference of 3/29/2018.
Apr 02 2018	Letter of respondent Rochelle Garza, as Guardian ad Litem to Unaccompanied Minor J.D. filed.
Apr 09 2018	DISTRIBUTED for Conference of 4/13/2018.
Apr 16 2018	DISTRIBUTED for Conference of 4/20/2018.
Apr 23 2018	DISTRIBUTED for Conference of 4/27/2018.
May 07 2018	DISTRIBUTED for Conference of 5/10/2018.
May 14 2018	DISTRIBUTED for Conference of 5/17/2018.
May 21 2018	DISTRIBUTED for Conference of 5/24/2018.
May 29 2018	DISTRIBUTED for Conference of 5/31/2018.
Jun 04 2018	Motion to lodge non-record material under seal with redacted copies for the public record GRANTED.
Jun 04 2018	The petition for a writ of certiorari is granted. The en banc order of the United States Court of Appeals for the District of Columbia Circuit is vacated and the case is remanded to that court with instructions to direct the District Court to dismiss the relevant individual claim for injunctive relief as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Opinion per curiam. (Detached Opinion)
Jul 06 2018	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices met for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- 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.
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- 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.
- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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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.
- 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.
- 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.
More Petitions »
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.
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- 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
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see all this term’s cases »
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Merits cases granted to date 73

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		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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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.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Azar v. Garza

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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