Doe v. Boyertown Area School District

Pending petition

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-658	3d. Cir.	TBD	TBD	TBD	TBD	TBD

Issues: (1) Whether, given students’ constitutionally protected privacy interest in their partially clothed bodies, a public school has a compelling interest in authorizing students who believe themselves to be members of the opposite sex to use locker rooms and restrooms reserved exclusively for the opposite sex, and whether such a policy is narrowly tailored; and (2) whether the Boyertown policy constructively denies access to locker room and restroom facilities under Title IX “on the basis of sex,” 20 U.S.C. § 1681.

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Petitions of the week (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Oct 10 2018	Application (18A397) to extend the time to file a petition for a writ of certiorari from October 24, 2018 to December 21, 2018, submitted to Justice Alito.
Oct 17 2018	Application (18A397) granted by Justice Alito extending the time to file until November 19, 2018.
Nov 19 2018	Petition for a writ of certiorari filed. (Response due December 21, 2018)
Nov 21 2018	Motion to extend the time to file a response from December 21, 2018 to January 21, 2019, submitted to The Clerk.
Nov 27 2018	Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2019, for all respondents.
Nov 27 2018	Blanket Consent filed by Petitioners, Joel Doe, et al.
Dec 17 2018	Brief amicus curiae of The Institute for Faith and Family filed.
Dec 18 2018	Brief amicus curiae of Women's Liberation Front filed.
Dec 18 2018	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Dec 19 2018	Brief amici curiae of Miriam Grossman, M.D., et al. filed.
Dec 20 2018	Brief amici curiae of Constitutional Law Scholars filed.
Dec 20 2018	Brief amicus curiae of Hands Across the Aisle filed.
Dec 21 2018	Brief amicus curiae of Walt Heyer filed.
Dec 21 2018	Motion for leave to file amicus brief filed by Ryan T. Anderson.(12/26/2018)
Dec 21 2018	Brief amicus curiae of William J. Bennett filed.
Dec 21 2018	Brief amici curiae of Christian Educators Association International, et al. filed.
Dec 26 2018	Amicus brief of Ryan T. Anderson not accepted for filing. (December 26, 2018)(Corrected version submitted)
Jan 18 2019	Brief of respondents Boyertown Area School District, et al. in opposition filed.
Jan 22 2019	Brief of respondent Pennsylvania Youth Congress Foundation in opposition filed.
Feb 06 2019	DISTRIBUTED for Conference of 2/22/2019.
Feb 12 2019	Reply of petitioners Joel Doe, et al. filed. (Distributed)
Feb 21 2019	Rescheduled.
Feb 25 2019	DISTRIBUTED for Conference of 3/1/2019.
Feb 28 2019	Rescheduled.
Mar 11 2019	DISTRIBUTED for Conference of 3/15/2019.
Mar 14 2019	Rescheduled.
Mar 18 2019	DISTRIBUTED for Conference of 3/22/2019.
Mar 21 2019	Rescheduled.
Mar 25 2019	DISTRIBUTED for Conference of 3/29/2019.
Mar 27 2019	Rescheduled.
Apr 08 2019	DISTRIBUTED for Conference of 4/12/2019.
Apr 09 2019	Rescheduled.
Apr 15 2019	DISTRIBUTED for Conference of 4/18/2019.
Apr 16 2019	Rescheduled.

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This Week at the Court
The Supreme Court released orders from the April 12 conference on Monday; the justices called for the views of the U.S. solicitor general in Rutledge v. Pharmaceutical Care Management Association.
On Monday, the justices heard oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian.
On Tuesday, the justices heard oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust.
On Wednesday, the justices heard oral argument in United States v. Davis and McDonough v. Smith.
On Thursday, the justices met for their April 18 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
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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.
- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- 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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Cases argued 63

Cases decided 31

Summary reversals 4

Merits cases granted to date 74

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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	63
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Merits cases granted to date	74

Editor's Note :

Doe v. Boyertown Area School District

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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Merits Case Pages and Archives

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Conference of April 19, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

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