Bond v. United States

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Bond v. United States

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Feb. 2019

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-158	3d Cir.	Nov 5, 2013 Tr.Aud.	Jun 2, 2014	9-0	Roberts	OT 2013

Holding: Section 229 of the Chemical Weapons Convention Implementation Act of 1998, which criminalizes, among other things, the possession or use of “chemical weapons," does not reach Bond’s conviction for simple assault, arising from her efforts to poison her husband’s mistress by spreading chemicals on (among other things) her doorknob, causing only a minor burn that was easily treated with water.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 2, 2014. Justice Scalia filed an opinion concurring in the judgement, in which Justice Thomas joined, and Justice Alito joined as to Part I. Justice Thomas filed an opinion concurring in the judgment, in which Justice Scalia joined, and which Justice Alito joined as to Parts I, II, and III. Justice Alito filed an opinion concurring in the judgement.

A narrow reading of chemical weapons ban for Bond: In Plain English (Amy Howe)
A “view” from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh)
Opinion analysis: World law and "romantic jealousy" (Lyle Denniston)
Little drama, more skepticism in treaty power case: In Plain English (Amy Howe)
Argument recap: A tense hour at the Court (Lyle Denniston)
Treaty power before the Court: In Plain English (Amy Howe)
Argument preview: New look at old precedent (Lyle Denniston)
Academic highlight: Questioning Congress's legislative authority to implement treaties (Amanda Frost)
Petition of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
Aug 1 2012	Petition for a writ of certiorari filed. (Response due September 3, 2012)
Aug 24 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 29 2012	Order extending time to file response to petition to and including October 4, 2012.
Aug 31 2012	Brief amici curiae of Cato Institute, et al. filed.
Sep 4 2012	Brief amicus curiae of American Center for Law and Justice filed.
Oct 4 2012	Brief of respondent United States in opposition filed.
Oct 4 2012	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
Oct 16 2012	Reply of petitioner Carol Anne Bond filed.
Oct 17 2012	DISTRIBUTED for Conference of November 2, 2012.
Nov 5 2012	DISTRIBUTED for Conference of November 9, 2012.
Nov 13 2012	DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012	DISTRIBUTED for Conference of November 30, 2012.
Dec 3 2012	DISTRIBUTED for Conference of December 7, 2012.
Dec 17 2012	DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013	DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013	DISTRIBUTED for Conference of January 18, 2013.
Jan 18 2013	Petition GRANTED.
Feb 6 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 8, 2013.
Feb 6 2013	The time to file respondent's brief on the merits is extended to and including August 9, 2013.
Apr 16 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 8 2013	Joint appendix filed. (Statement of costs filed)
May 8 2013	Brief of petitioner Carol Anne Bond filed.
May 14 2013	Brief amicus curiae of Goldwater Institute Scharf-Norton Center for Constitutional Litigation filed.
May 15 2013	Brief amici curiae of U.S. Congressman Steve Stockman, et al. filed.
May 15 2013	Brief amicus curiae of American Center for Law and Justice filed.
May 15 2013	Brief amici curiae of Commonwealth of Virginia and the States of Alabama, et al. filed.
May 15 2013	Brief amicus curiae of Center for Individual Rights filed.
May 15 2013	Brief amicus curiae of Home School Legal Defense Association filed.
May 15 2013	Brief amicus curiae of Judicial Education Project filed.
May 15 2013	Brief amici curiae of Cato Institute, et al. filed.
Aug 7 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 9 2013	Brief of respondent United States filed.
Aug 16 2013	Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 16 2013	Brief amici curiae of Professors Sarah H. Cleveland, and William S. Dodge filed.
Aug 16 2013	Brief amici curiae of Professors David M. Golove, Martin S. Lederman, and John Mikhail filed.
Aug 16 2013	Brief amicus curiae of Constitutional Accountability Center filed.
Aug 16 2013	Brief amici curiae of Chemical Weapons Convention Negotiators and Experts filed.
Aug 16 2013	Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed.
Aug 16 2013	Brief amicus curiae of American Chemistry Council filed.
Aug 16 2013	Brief amicus curiae of David Boyle filed.
Aug 16 2013	Brief amici curiae of Professors of International Law and Legal History filed.
Aug 16 2013	Brief amici curiae of Former State Department Legal Advisers filed. (Distributed)
Aug 19 2013	CIRCULATED.
Aug 20 2013	SET FOR ARGUMENT on Tuesday, November 5, 2013.
Aug 29 2013	Application (13A237) to extend the time to file a reply brief on the merits from September 9, 2013 to September 16, 2013, submitted to Justice Alito.
Sep 4 2013	Application (13A237) granted by Justice Alito extending the time to file until September 16, 2013.
Sep 11 2013	Record from U.S.C.A. Third Circuit is electronic (Not PACER).
Sep 11 2013	Record from the USDC for the District of Pennsylvania is electronic and located on PACER. Parts of the record is Not On PACER, but still electronic.
Sep 16 2013	Reply of petitioner Carol Anne Bond filed. (Distributed)
Oct 7 2013	Motion of Cato Institute, et al. for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Nov 5 2013	Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Jun 2 2014	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, and in which Alito, J., joined as to Part I. Thomas, J., filed an opinion concurring in the judgment, in which Scalia, J., joined, and in which Alito, J., joined as to Parts I, II, and III. Alito, J., filed an opinion concurring in the judgment.
Jul 7 2014	Judgment issued.

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Court will review census citizenship dispute this term – Amy Howe

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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- 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.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- 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.
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.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- 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.
More Petitions »
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73