Bailey v. United States

Bailey v. United States

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Conference of May 16, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-770	2d Cir.	Nov 1, 2012 Tr.Aud.	Feb 19, 2013	6-3	Kennedy	OT 2012

Holding: The rule in Michigan v. Summers that officers executing a search warrant are permitted “to detain the occupants of the premises while a proper search is conducted” is limited to the immediate vicinity of the premises to be searched and does not apply when a recent occupant of the premises was detained at a point beyond any reasonable understanding of the immediate vicinity of the premises in question.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on February 19, 2013. Justice Scalia filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filled a dissenting opinion in which Justice Thomas and Justice Alito joined.

Opinion analysis: A bright-line rule trumps interest-balancing (Andrew Taslitz)
Argument recap: Reasonable suspicion or none (Andrew Taslitz)
Court cancels Tuesday sitting (Lyle Denniston)
Argument preview: Court to clarify scope of Michigan v. Summers (Andrew Taslitz)
Petition of the day (Kali Borkoski)

Date	Proceedings and Orders (key to color coding)
Dec 16 2011	Petition for a writ of certiorari filed. (Response due January 19, 2012)
Jan 12 2012	Order extending time to file response to petition to and including February 21, 2012.
Jan 19 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 15 2012	Order further extending time to file response to petition to and including March 22, 2012.
Mar 19 2012	Order further extending time to file response to petition to and including April 5, 2012.
Mar 26 2012	Order further extending time to file response to petition to and including May 3, 2012.
May 3 2012	Brief of respondent United States in opposition filed.
May 14 2012	Reply of petitioner Chunon L. Bailey, aka Polo filed.
May 15 2012	DISTRIBUTED for Conference of May 31, 2012.
Jun 4 2012	Petition GRANTED.
Jun 8 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2012.
Jun 8 2012	The time to file respondent's brief on the merits is extended to and including September 17, 2012.
Jul 16 2012	Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Jul 23 2012	SET FOR ARGUMENT ON Tuesday, October 30, 2012
Aug 2 2012	Transcripts received from U.S.D.C. for Eastern District of New York. (10 volumes)
Aug 3 2012	Joint appendix filed.
Aug 3 2012	Brief of petitioner Chunon L. Bailey, aka Polo filed.
Aug 10 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 10 2012	Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 10 2012	Brief amicus curiae of National Association of Federal Defenders filed.
Aug 13 2012	Record from U.S.C.A. for Second Circuit is electronic.
Aug 15 2012	Record from U.S.D.C. for Eastern District of New York is electronic.
Aug 24 2012	CIRCULATED.
Aug 27 2012	Order further extending time to file respondent's brief on the merits to and including September 20, 2012.
Sep 20 2012	Brief of respondent United States filed. (Distributed)
Sep 27 2012	Brief amici curiae of Michigan, Twenty Three (23) Other States, and One (1) Territory filed. (Distributed)
Oct 15 2012	Reply of petitioner Chunon L. Bailey, aka Polo filed. (Distributed)
Oct 29 2012	RESET FOR ARGUMENT ON Thursday, November 1, 1012.
Nov 1 2012	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 19 2013	Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a concurring opinion, in which Ginsburg and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Mar 25 2013	JUDGMENT ISSUED.
Apr 18 2013	Record (Transcripts) returned to U.S.D.C. for the Eastern District of New York.

Featured Posts

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

Tom Goldstein and David Savage talk through abortion, precedent and the Supreme Court – SCOTUStalk

Justices grant bankruptcy petition – Amy Howe
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 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
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
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Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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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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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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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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