Doe v. Boyertown Area School District

Editor's Note :

Doe v. Boyertown Area School District

Opinion analysis: Divided court throws out additional jail time for sex offender – Amy Howe

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood

SCOTUSblog Coverage

SCOTUSblog Coverage

June 2019

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

Merits Docket OT18 (June 26, 2019)

Merits Cases by Sitting

Majority Opinions by Author

Voting Breakdown Argued Cases

Majority Lineup 5-4 Decisions

June 2019

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of June 27, 2019

Petition for certiorari denied on May 28, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-658	3d. Cir.	N/A	N/A	N/A	N/A	OT 2018

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.

Justices reverse in part on Indiana abortion law (Amy Howe)
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.
Apr 22 2019	DISTRIBUTED for Conference of 4/26/2019.
Apr 24 2019	Rescheduled.
May 06 2019	DISTRIBUTED for Conference of 5/9/2019.
May 06 2019	Rescheduled.
May 13 2019	DISTRIBUTED for Conference of 5/16/2019.
May 14 2019	Rescheduled.
May 20 2019	DISTRIBUTED for Conference of 5/23/2019.
May 28 2019	Motion for leave to file amicus brief filed by Ryan T. Anderson GRANTED.
May 28 2019	Petition DENIED.

Featured Posts

Opinion analysis: Divided court throws out additional jail time for sex offender – Amy Howe

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
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
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- 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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Espinoza v. Montana Department of Revenue Whether it violates the religion clauses or the equal protection clause of the United States Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 66

Summary reversals 5

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Merits Docket OT18 (June 26, 2019)
Merits Cases by Sitting
Majority Opinions by Author
Voting Breakdown Argued Cases
Majority Lineup 5-4 Decisions

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Download our App in the Apple Store
Videos see all

Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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

Cases argued	69
Cases decided	66
Summary reversals	5
Merits cases granted to date	74

3
Orders
Opinions

6
Conference

10
Orders
Opinions

13
Conference

17
Orders
Opinions

20
Conference
Opinions

24
Orders
Opinions

27
Opinions
Conference