Cline v. Oklahoma Coalition for Reproductive Justice

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Cline v. Oklahoma Coalition for Reproductive Justice

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

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

Opinions

Conference

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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
12-1094	Ok.	Not Argued	Nov 4, 2013	TBD	Per Curiam	OT 2013

Issue: Whether the Oklahoma Supreme Court erred in holding – without analysis or discussion – that the Oklahoma law requiring that abortion-inducing drugs be administered according to the protocol described on the drugs’ FDA-approved labels is facially unconstitutional under Planned Parenthood v. Casey. Pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20, §1601 et seq. (West 2002), respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat ectopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.

Judgment: Dismissed as improvidently granted. in a per curiam opinion on November 4, 2013.

Court won't rule on RU-486 abortions (Lyle Denniston)
New conflict on RU-486 abortions (Lyle Denniston)
Oklahoma anti-abortion law explained (Lyle Denniston)
Cline symposium: Another correction of the abortion distortion coming? (Casey Mattox)
Cline symposium: Oklahoma law could force doctors to provide substandard medical care to women using medications to end a pregnancy (Jennifer Blasdell and Nancy Stanwood)
Cline symposium: Do the right thing (Louise Melling)
Cline symposium: Abortion, states' medical authority, and the "undue burden" test (Helen Alvare)
Cline symposium: What justifies bad medicine? (Priscilla Smith)
Cline v. Oklahoma Coalition for Reproductive Justice: Once more unto the breach (O. Carter Snead)
Symposium announcement: Cline v. Oklahoma Coalition for Reproductive Justice (Kali Borkoski)
New test on abortion rights (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 4 2013	Petition for a writ of certiorari filed. (Response due April 8, 2013)
Mar 26 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Apr 1 2013	Waiver of right of respondents Oklahoma Coalition for Reproductive Justice, et al. to respond filed.
Apr 5 2013	Brief amici curiae of Women and Families Hurt by RU-486 filed.
Apr 8 2013	Brief amici curiae of Family Research Council, and Alliance Defending Freedom filed.
Apr 8 2013	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Apr 8 2013	Brief amicus curiae of Dr. John Thorp, M.D., et al. filed.
Apr 8 2013	Brief amici curiae of 79 Oklahoma Legislators filed.
Apr 16 2013	DISTRIBUTED for Conference of May 9, 2013.
Apr 22 2013	Response Requested . (Due May 22, 2013)
May 16 2013	Order extending time to file response to petition to and including May 28, 2013.
May 28 2013	Brief of respondents Oklahoma Coalition for Reproductive Justice, et al. in opposition filed.
Jun 3 2013	Reply of petitioners Terry Cline, et al. filed. (Distributed)
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 25 2013	DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Petition GRANTED. This Court, pursuant to the Revised Uniform Certification of Questions of Law Act, Okla. Stat., Tit. 20 Sec. 1601 et seq. (West 2002) respectfully certifies to the Supreme Court of Oklahoma the following question: Whether H. B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approved by the Food and Drug Administration; and (2) the use of methotrexate to treat eptopic pregnancies. Further proceedings in this case are reserved pending receipt of a response from the Supreme Court of Oklahoma.
Oct 29 2013	Answer to certified questions filed.
Nov 4 2013	Writ of certiorari DISMISSED as improvidently granted.
Dec 6 2013	MANDATE ISSUED.

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
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  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.
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- 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.
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- 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.
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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