District of Columbia v. Wesby

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District of Columbia v. Wesby

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh

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Feb. 2019

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Conference of February 15, 2019

Conference

Holiday

Orders

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

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

Opinions

Conference

Orders

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
15-1485	D.C. Cir.	Oct 4, 2017 Tr.Aud.	Jan 22, 2018	9-0	Thomas	OT 2017

Holding: (1) The police officers had probable cause to arrest several partygoers who later sued for false arrest under the Fourth Amendment and District of Columbia law, and (2) the officers are entitled to qualified immunity.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on January 22, 2018. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment. Justice Ginsburg filed an opinion concurring in the judgment in part.

OT2017 #13: "Poker Face" (First Mondays)
A "view" from the courtroom: Open for business, with a hiccup (Mark Walsh)
Opinion analysis: Police prevail in the case of "Peaches" and the party (Amy Howe)
OT2017 #3: “Nowheresville” (ft. Nina Totenberg) (First Mondays)
Argument analysis: The justices get personal in probable-cause argument (Amy Howe)
Academic highlight: Schwartz on qualified immunity (Amanda Frost)
Argument preview: Parties, probable cause and the Fourth Amendment (Amy Howe)
Court releases October calendar (Amy Howe)
Court adds two more cases to its merits docket (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 13 2016	Application (15A1050) to extend the time to file a petition for a writ of certiorari from May 8, 2016 to June 8, 2016, submitted to The Chief Justice.
Apr 13 2016	Application (15A1050) granted by The Chief Justice extending the time to file until June 8, 2016.
Jun 08 2016	Petition for a writ of certiorari filed. (Response due July 8, 2016)
Jun 28 2016	Waiver of right of respondents Theodore Wesby, et al. to respond filed.
Jul 08 2016	Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc.
Jul 08 2016	Brief amici curiae of Utah and Seventeen Other States filed.
Jul 13 2016	DISTRIBUTED for Conference of September 26, 2016.
Jul 18 2016	Response Requested. (Due August 17, 2016)
Aug 08 2016	Order extending time to file response to petition to and including September 16, 2016.
Sep 16 2016	Brief of respondents Theodore Wesby, et al. in opposition filed.
Oct 04 2016	Reply of petitioners District of Columbia, et al. filed.
Oct 05 2016	DISTRIBUTED for Conference of October 28, 2016.
Oct 31 2016	DISTRIBUTED for Conference of November 4, 2016.
Nov 07 2016	DISTRIBUTED for Conference of November 10, 2016.
Nov 14 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016	DISTRIBUTED for Conference of December 2, 2016.
Dec 05 2016	DISTRIBUTED for Conference of December 9, 2016.
Dec 27 2016	DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017	DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017	DISTRIBUTED for Conference of January 19, 2017.
Jan 19 2017	Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc. GRANTED.
Jan 19 2017	Petition GRANTED.
Feb 17 2017	The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2017.
Feb 17 2017	The time to file respondents' brief on the merits is extended to and including July 12, 2017.
Apr 05 2017	Application (16A956) to extend the time to file a reply brief on the merits from August 11, 2017 to September 1, 2017, submitted to The Chief Justice.
Apr 12 2017	Application (16A956) granted by The Chief Justice extending the time to file the reply brief on the merits until September 1, 2017.
May 05 2017	Joint appendix filed. (Statement of costs filed.)
May 05 2017	Brief of petitioners District of Columbia, et al. filed.
May 11 2017	Brief amici curiae of The National Association of Counties, et al. filed.
May 12 2017	Brief amicus curiae of United States filed.
May 12 2017	Brief amici curiae of Utah and Twenty-Five Other States filed.
May 22 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 12 2017	Brief of respondents Theodore Wesby, et al. filed.
Jul 19 2017	SET FOR ARGUMENT on Wednesday, October 4, 2017.
Jul 19 2017	Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 01 2017	Record requested from the U.S.C.A. District of Columbia Circuit.
Aug 09 2017	CIRCULATED
Aug 21 2017	Record received from the U.S.C.A. District of Columbia Circuit is electronic and available on PACER with the exception of one restricted document that is electronic.
Aug 25 2017	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 01 2017	Reply of petitioners District of Columbia, et al. filed. (Distributed)
Oct 04 2017	Argued. For petitioners: Todd Kim, Solicitor General, Washington, D. C.; and Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nathaniel P. Garrett, San Francisco, Cal.
Jan 22 2018	Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed an opinion concurring in the judgment in part.
Feb 23 2018	JUDGMENT ISSUED.

Featured Posts

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- 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.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- 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.
More Petitions »
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Cases argued 44

Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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.
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Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
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Awarded the Webby Award for excellence on the internet.

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	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74