Bernard v. Minnesota

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Bernard v. Minnesota

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1470	Minn.	Apr 20, 2016 Tr.Aud.	Jun 23, 2016	6-2	Alito	OT 2015

Holding: The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.

Judgment: Affirmed, 6-2, in an opinion by Justice Alito on June 23, 2016. Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.

A “view” from the Courtroom: Alito dissents on affirmative action, a deadlock on immigration, and more (Mark Walsh)
Opinion analysis: States prevail on breath (but not blood) tests without a warrant (Amy Howe)
Argument analysis: Criminal penalties for refusal to take a Breathalyzer test in jeopardy? (Amy Howe)
Argument preview: Warrantless DUI tests and the Fourth Amendment (Amy Howe)
Court to rule on drunk-driving tests (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jun 15 2015	Petition for a writ of certiorari filed. (Response due July 16, 2015)
Jul 16 2015	Brief of respondent Minnesota in opposition filed.
Aug 5 2015	DISTRIBUTED for Conference of September 28, 2015.
Aug 5 2015	Reply of petitioner William Robert Bernard, Jr. filed. (Distributed)
Aug 25 2015	Rescheduled.
Nov 17 2015	DISTRIBUTED for Conference of December 4, 2015.
Nov 30 2015	Supplemental brief of petitioner William Robert Bernard, Jr. filed. (Distributed)
Dec 7 2015	DISTRIBUTED for Conference of December 11, 2015.
Dec 11 2015	Petition GRANTED The petitions for writs of certiorari in No. 14-1468 and No. 14-1507 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 26 2016	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including February 4, 2016. VIDED
Jan 26 2016	The time to file respondents' briefs on the merits is extended to and including March 15, 2016. VIDED
Feb 4 2016	Brief of petitioner William Robert Bernard, Jr. filed.
Feb 4 2016	Motion to dispense with printing the joint appendix filed by petitioner Danny Birchfield. VIDED.
Feb 8 2016	Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED.
Feb 9 2016	Brief amici curiae of Minnesota Association of Criminal Defense Lawyers, et al. filed.
Feb 9 2016	Brief amicus curiae of DUI Defense Lawyers Association filed. VIDED.
Feb 11 2016	Brief amici curiae of Downsize DC Foundation, et al. filed. VIDED.
Feb 11 2016	Brief amicus curiae of American Civil Liberties Union filed. VIDED.
Feb 11 2016	Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED.
Feb 29 2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED
Feb 29 2016	Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party GRANTED. VIDED
Mar 4 2016	SET FOR ARGUMENT ON Wednesday, April 20, 2016. VIDED
Mar 14 2016	Record requested from the Supreme Court of Minnesota.
Mar 15 2016	DISTRIBUTED.
Mar 15 2016	Brief of respondent Minnesota filed. (Distributed)
Mar 16 2016	Brief amicus curiae of The California District Attorneys Association filed. VIDED. (Distributed)
Mar 22 2016	Brief amicus curiae of United States filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of New Jersey and Seventeen Other States filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of The Council of State Governments, et al. filed. VIDED. (Distributed)
Mar 22 2016	Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 22 2016	Brief amicus curiae of Mothers Against Drunk Driving filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of The National District Attorneys Association, et al. filed. VIDED. (Distributed)
Mar 23 2016	Record received from the Supreme Court of Minnesota is electronic.
Apr 4 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent North Dakota, 10 minutes for respondent Minnesota, and 10 minutes for the Solicitor General. VIDED.
Apr 13 2016	Reply of petitioner William Robert Bernard, Jr. filed. (Distributed.)
Apr 20 2016	Argued. For petitioners: Charles A. Rothfeld, Washington, D. C. For respondents in Nos. 14-1468 & 14-1507: Thomas R. McCarthy, Arlington, Va. For respondent in 14-1470: Kathryn Keena, Assistant Dakota County Attorney, Hastings, Minn. For United States as amicus curiae in support of respondents: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 23 2016	Judgment in No. 14-1468 REVERSED and case REMANDED. Judgment in No. 14-1470 AFFIRMED. Judgment in No. 14-1507 VACATED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part.
Jul 25 2016	JUDGMENT ISSUED
Jul 25 2016	MANDATE ISSUED

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
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Major Cases
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  (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.
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  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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Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
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Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
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Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

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