Byrd v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1371	3d Cir.	Jan 9, 2018 Tr.Aud.	May 14, 2018	9-0	Kennedy	OT 2017

Holding: The mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy protected by the Fourth Amendment.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kennedy on May 14, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Alito filed a concurring opinion.

SCOTUSblog Coverage

OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays)
Opinion analysis: Justices rule unanimously for driver in rental-car case (Updated) (Amy Howe)
Argument analysis: Rental cars, reasonable expectations of privacy and property rights (Amy Howe)
A "view" from the courtroom: Vehicle problems at the Supreme Court (Mark Walsh)
OT2017 #10: "Under the Heat Lamp" (First Mondays)
Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement? (Amy Howe)
OT2017 #7: “Keys to a Valet” (First Mondays)
Justices release January calendar (Amy Howe)
OT2017 #1: "A Very Nice Office" (First Mondays)
Justices issue orders from "long conference" (UPDATED) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
May 11 2017	Petition for a writ of certiorari filed. (Response due June 15, 2017)
Jun 08 2017	Order extending time to file response to petition to and including July 17, 2017.
Jun 12 2017	Brief amicus curiae of National Association for Public Defense filed.
Jul 17 2017	Brief of respondent United States in opposition filed.
Aug 01 2017	Reply of petitioner Terrence Byrd filed. (Distributed)
Aug 02 2017	DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017	Petition GRANTED.
Nov 13 2017	Brief of petitioner Terrence Byrd filed.
Nov 13 2017	Joint appendix filed.
Nov 15 2017	Brief amicus curiae of Southwestern Law Student Lindsey N. Ursua, et al. filed.
Nov 16 2017	Brief amicus curiae of Restore the Fourth, Inc. filed.
Nov 17 2017	SET FOR ARGUMENT ON Tuesday, January 9, 2018
Nov 20 2017	Brief amici curiae of The American Civil Liberties Union and The National Association of Criminal Defense Lawyers filed.
Nov 20 2017	Brief amicus curiae of National Motorists Association filed.
Nov 20 2017	Brief amici curiae of National Ass'n for Public Defense and the National Ass'n of Federal Defenders filed.
Nov 20 2017	Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed.
Nov 20 2017	Brief amicus curiae of Morgan A. Cloud filed. (Distributed)
Nov 20 2017	Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
Nov 22 2017	CIRCULATED.
Dec 13 2017	Brief of respondent United States filed. (Distributed)
Dec 18 2017	Record requested from the U.S.C.A. 3rd Circuit.
Dec 20 2017	Brief amici curiae of Arizona, et al. filed. (Distributed)
Dec 28 2017	Record received from the United States District Court Middle District of Pennsylvania (Harrisburg). The record is electronic.
Dec 28 2017	Record received from the U.S.C.A. 3rd Circuit is electronic, and contain some Sealed Documents.
Dec 28 2017	Reply of petitioner Terrence Byrd filed. (Distributed)
Jan 09 2018	Argued. For petitioner: Robert M. Loeb, Washington, D. C. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 14 2018	Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Alito, J., filed a concurring opinion.
Jun 15 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 meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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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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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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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Byrd v. United States

SCOTUSblog Coverage

Featured Posts

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

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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