Byrd v. United States

Editor's Note :

Byrd v. United States

Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm

SCOTUSblog Coverage

SCOTUSblog Coverage

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

May 2019

Merits Docket OT18 (May 13, 2019)

Majority Opinions by Author

Merits Cases by Sitting

Voting Breakdown Argued Cases

Majority Lineup 5-4 Decisions

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of May 16, 2019

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.

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.

Featured Posts

Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The Supreme Court will release orders from the May 16 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (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.
- 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.
- 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
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Merits Docket OT18 (May 13, 2019)
Majority Opinions by Author
Merits Cases by Sitting
Voting Breakdown Argued Cases
Majority Lineup 5-4 Decisions
Download our App in the Apple Store
Videos see all

Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

9
Conference

13
Orders
Opinions

16
Conference

20
Orders
Opinions

23
Conference

30
Conference