Duncan v. Owens

Editor's Note :

Duncan v. Owens

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Conference of February 15, 2019

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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
14-1516	7th Cir.	Jan 12, 2016 Tr.Aud.	Jan 20, 2016	n/a	Per Curiam	OT 2015

Issue: Whether the Seventh Circuit violated 28 U.S.C. § 2254 and a long line of this Court's decisions by awarding habeas relief in the absence of clearly established precedent from this Court.

Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on January 20, 2016.

Argument analysis: A confusing search for “clearly established” law (Steve Vladeck)
Argument preview: How specific must “clearly established” law be to support federal habeas relief? (Steve Vladeck)

Date	Proceedings and Orders (key to color coding)
Apr 21 2015	Application (14A1074) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Kagan.
Apr 24 2015	Response to application 14A1074 requested by Justice Kagan, due Friday, May 1, 2015, by 5 p.m ET.
Apr 30 2015	Response to application from respondent Lawrence Owens filed.
May 4 2015	Reply of applicant Stephen Duncan, Warden filed.
May 11 2015	Application (14A1074) denied by Justice Kagan.
Jun 17 2015	Application (14A1290) to extend the time to file a petition for a writ of certiorari from June 21, 2015 to July 15, 2015, submitted to Justice Kagan.
Jun 22 2015	Petition for a writ of certiorari filed. (Response due July 24, 2015)
Jun 24 2015	Application (14A1290) granted by Justice Kagan extending the time to file until July 15, 2015.
Jul 14 2015	Waiver of right of respondent Lawrence Owens to respond filed.
Jul 22 2015	DISTRIBUTED for Conference of September 28, 2015.
Jul 24 2015	Response Requested . (Due August 24, 2015)
Jul 29 2015	Application (15A111) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
Jul 30 2015	Application (15A111) denied by Justice Kagan.
Aug 4 2015	Application (15A111) refiled and submitted to Justice Scalia.
Aug 13 2015	Application (15A111) referred to the Court.
Aug 13 2015	Application (15A111) denied by the Court.
Aug 24 2015	Brief of respondent Lawrence Owens in opposition filed.
Sep 8 2015	Reply of petitioner Stephen Duncan, Warden filed. (Distributed)
Sep 9 2015	DISTRIBUTED for Conference of September 28, 2015.
Oct 1 2015	Petition GRANTED.
Oct 30 2015	Application (15A475) to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit pending the sending down of the judgment of this Court, submitted to Justice Kagan.
Nov 2 2015	Response to application (15A475) requested by Justice Kagan. (Due Friday, November 6, 2015, by 4 p.m. EST.)
Nov 6 2015	Response to application from respondent Lawrence Owens filed.
Nov 10 2015	Reply of applicant Stephen Duncan, Warden filed.
Nov 13 2015	Application (15A475) referred to the Court.
Nov 13 2015	Application (15A475) granted by the Court. The application to recall and stay the mandate of the United States Court of Appeals for the Seventh Circuit in case No. 14-1419, presented to Justice Kagan and by her referred to the Court, is granted pending the sending down of the judgment of this Court. The request seeking that the respondent be returned to applicants custody pending final disposition of this case is denied, thus leaving that determination for the state court.
Nov 16 2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondent.
Nov 16 2015	Joint appendix filed. (Statement of costs filed)
Nov 16 2015	Brief of petitioner Stephen Duncan, Warden filed.
Nov 19 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 23 2015	Brief amicus curiae of Washington, et al. filed.
Nov 24 2015	SET FOR ARGUMENT on Tuesday, January 12, 2016
Dec 4 2015	Record requested from U.S.C.A. 7th Circuit.
Dec 8 2015	The record from U.S.C.A. 7th Circuit is electronic and located on PACER, with the exception of one document which is electronic and SEALED.
Dec 14 2015	Record from the U.S.D.C. Northern District of Illinois is electronic.
Dec 15 2015	CIRCULATED
Dec 16 2015	Brief of respondent Lawrence Owens filed. (Distributed)
Dec 30 2015	Reply of petitioner Stephen Duncan, Warden filed. (Distributed)
Jan 12 2016	Argued. For petitioner: Carolyn E. Shapiro, Solicitor General of Illinois, Chicago, Ill. For respondent: Barry Levenstam, Chicago, Ill.
Jan 20 2016	Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
Feb 23 2016	Judgment Issued

Featured Posts

Court will review census citizenship dispute this term – Amy Howe

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This Week at the Court
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.
On Tuesday, the justices hear 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
- 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 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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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.

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.
Webby Award
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	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73