District of Columbia v. Wesby

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District of Columbia v. Wesby

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Conference of June 13, 2019

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.

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The Supreme Court will release orders from the June 13 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 June 20 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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