Editor's Note :

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On Tuesday, the justices will hear oral argument in Department of Homeland Security v. Regents of the University of California. Amy Howe has our preview.
Also on Tuesday, the justices will hear oral argument in Hernandez v. Mesa. Amy Howe has our preview.

Briefly Mentioned :

Briefly Noted :

The Supreme Court released additional orders from the November 8 conference. The justices did not add any new cases to their merits docket.

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

DateProceedings and Orders (key to color coding)
May 11 2017Petition for a writ of certiorari filed. (Response due June 15, 2017)
Jun 08 2017Order extending time to file response to petition to and including July 17, 2017.
Jun 12 2017Brief amicus curiae of National Association for Public Defense filed.
Jul 17 2017Brief of respondent United States in opposition filed.
Aug 01 2017Reply of petitioner Terrence Byrd filed. (Distributed)
Aug 02 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017Petition GRANTED.
Nov 13 2017Brief of petitioner Terrence Byrd filed.
Nov 13 2017Joint appendix filed.
Nov 15 2017Brief amicus curiae of Southwestern Law Student Lindsey N. Ursua, et al. filed.
Nov 16 2017Brief amicus curiae of Restore the Fourth, Inc. filed.
Nov 17 2017SET FOR ARGUMENT ON Tuesday, January 9, 2018
Nov 20 2017Brief amici curiae of The American Civil Liberties Union and The National Association of Criminal Defense Lawyers filed.
Nov 20 2017Brief amicus curiae of National Motorists Association filed.
Nov 20 2017Brief amici curiae of National Ass'n for Public Defense and the National Ass'n of Federal Defenders filed.
Nov 20 2017Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed.
Nov 20 2017Brief amicus curiae of Morgan A. Cloud filed. (Distributed)
Nov 20 2017Brief amici curiae of Fourth Amendment Scholars filed. (Distributed)
Nov 22 2017CIRCULATED.
Dec 13 2017Brief of respondent United States filed. (Distributed)
Dec 18 2017Record requested from the U.S.C.A. 3rd Circuit.
Dec 20 2017Brief amici curiae of Arizona, et al. filed. (Distributed)
Dec 28 2017Record received from the United States District Court Middle District of Pennsylvania (Harrisburg). The record is electronic.
Dec 28 2017Record received from the U.S.C.A. 3rd Circuit is electronic, and contain some Sealed Documents.
Dec 28 2017Reply of petitioner Terrence Byrd filed. (Distributed)
Jan 09 2018Argued. 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 2018Judgment 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 2018JUDGMENT ISSUED.
 
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