Bailey v. United States

Bailey v. United States

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

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Conference of March 15, 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

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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 »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
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	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference