Chafin v. Chafin

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Chafin v. Chafin

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Conference of May 16, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1347	11th Cir. _	Dec 5, 2012 Tr.Aud.	Feb 19, 2013	9-0	Roberts	OT 2012

Holding: The return of a child to a foreign country pursuant to an order under the Hague Convention on the Civil Aspects of International Child Abduction does not render an appeal of that order moot.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on February 19, 2013. Justice Ginsburg filed a concurring opinion in which Justice Scalia and Justice Breyer joined.

Opinion recap: Family law dispute not moot after child's return (Amy Howe)
Argument report: Choosing between unpalatable outcomes? (Amy Howe)
Argument preview: When mootness and international family law collide (Amy Howe)
Court grants one new case (UPDATED) (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
May 7 2012	Petition for a writ of certiorari filed. (Response due June 8, 2012)
Jun 8 2012	Brief of respondent Lynne Hales Chafin in opposition filed.
Jun 20 2012	DISTRIBUTED for Conference of September 24, 2012.
Aug 13 2012	Petition GRANTED.
Sep 14 2012	SET FOR ARGUMENT ON Wednesday, December 5, 2012.
Sep 26 2012	Joint appendix filed. (Statement of costs filed)
Sep 27 2012	Brief of petitioner Jeffrey Lee Chafin filed.
Oct 2 2012	Record received from U.S.C.A. for 11th Circuit. (1 box)
Oct 4 2012	Brief amicus curiae of the United States filed.
Oct 4 2012	Proposal of the Solicitor General to lodge copies of a decision by the Constitutional Court of Spain, translated, which is cited to in their amicus curiae brief.
Oct 4 2012	Brief amicus curiae of National Center for Missing and Exploited Children filed.
Oct 17 2012	CIRCULATED.
Oct 22 2012	Record from U.S.D.C. for Northern District of Alabama is electronic.
Oct 29 2012	Brief of respondent Lynne Hales Chafin filed. (Distributed)
Oct 29 2012	Proposal of respondent to lodge copies of documents from the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland, which are cited to in her brief, petitioner's and the brief of the United States.
Nov 5 2012	Brief amicus curiae of Centre for Family Law and Policy filed. (Distributed)
Nov 5 2012	Motion for divided argument filed by respondent Lynne Hales Chafin.
Nov 5 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 9 2012	Petitioner's opposition to motion of respondent for divided argument.
Nov 20 2012	Motion for divided argument filed by respondent DENIED.
Nov 20 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 21 2012	Reply of petitioner Jeffrey Lee Chafin filed. (Distributed)
Nov 29 2012	Proposal of respondent to lodge copies of the Notice of Intention to Defend in the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland.
Nov 30 2012	Lodging approved. Twenty copies of a decision by the Constitutional Court of Spain from the Solicitor General received and distributed.
Nov 30 2012	Respondent's lodging proposals approved. Twenty copies each of documents from the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland, and of the Notice of Intention to Defend in the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland.
Dec 4 2012	Proposal to lodge copies of proceedings, in the Larbie v. Larbie case before the High Court of Justice Family Division, pursuant to a request of the UKCA under the Hague Convention on the Civil Aspects of International child Abduction filed.
Dec 5 2012	Argued. For petitioner: Michael E. Manely, Marietta, Ga.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Stephen J. Cullen, Washington, D. C.
Jan 23 2013	Letter and copy of the judgment issued by the English High Court of Justice Family Division in Larbie v. Larbie counsel for the respondent received and distributed.
Feb 19 2013	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, in which Scalia and Breyer, JJ., joined.
Mar 25 2013	JUDGMENT ISSUED.
Apr 9 2013	Record returned to U.S.C.A. for 11th Circuit.

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

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This Week at the Court
The Supreme Court released orders from the May 9 conference on Monday; the justices did not add any new cases to their merits docket for next term.
On Monday, the justices released their opinions in Apple Inc. v. Pepper, Franchise Tax Board of California v. Hyatt and Cochise Consultancy v. United States, ex rel. Hunt.
On Thursday, the justices met for their May 16 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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 »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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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.

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

9
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13
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16
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20
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23
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30
Conference