Fernandez v. California

Editor's Note :

Fernandez v. California

Court will review census citizenship dispute this term – Amy Howe

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

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

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Conference

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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
12-7822	Cal. Ct. App.	Nov 13, 2013 Tr.Aud.	Feb 25, 2014	6-3	Alito	OT 2013

Disclosure: Kevin Russell, of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the petitioner in this case.

Holding: The Court’s decision in Georgia v. Randolph, holding that the consent of one occupant is insufficient to authorize police to search a premises if another occupant is present and objects to the search, does not apply when an occupant provides consent well after the objecting occupant has been removed from the premises.

Judgment: Affirmed, 6-3, in an opinion by Justice Alito on February 25, 2014. Justice Scalia and Justice Thomas filed concurring opinions. Justice Ginsburg filed a dissenting opinion in which Justice Sotomayor and Justice Kagan joined.

Five thoughts on Fernandez v. California (Orin Kerr)
Opinion analysis: The Court narrowly limits a precedent allowing co-occupant objections to warrantless consent searches (Rory Little)
Argument recap: Court seems poised to limit Georgia v. Randolph to “physically present” co-tenants (Rory Little)
Fernandez v. California and the problem of third-party consent (Orin Kerr)
Court to rule on government prayer (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Dec 17 2012	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2013)
Jan 2 2013	Waiver of right of respondent California to respond filed.
Jan 17 2013	DISTRIBUTED for Conference of February 15, 2013.
Feb 4 2013	Response Requested . (Due March 6, 2013)
Feb 28 2013	Order extending time to file response to petition to and including April 5, 2013.
Apr 3 2013	Brief of respondent California in opposition filed.
Apr 17 2013	DISTRIBUTED for Conference of May 9, 2013.
May 13 2013	DISTRIBUTED for Conference of May 16, 2013.
May 20 2013	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 7 2013	Motion to appoint counsel filed by petitioner Walter Fernandez.
Jun 12 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2013.
Jun 12 2013	The time to file respondent's brief on the merits is extended to and including September 25, 2013.
Jun 25 2013	Motion DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013	Motion to appoint counsel filed by petitioner GRANTED. Gerald P. Peters, Esquire, of Thousand Oaks, California, is appointed to serve as counsel for the petitioner in this case.
Jul 31 2013	Joint appendix filed. (Statement of costs filed.)
Jul 31 2013	Brief of petitioner Walter Fernandez filed.
Aug 7 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 19 2013	CIRCULATED.
Aug 20 2013	SET FOR ARGUMENT on Wednesday, November 13, 2013
Sep 19 2013	Record received from Court of Appeal of California, 2nd Appellate District.(1 box)
Sep 25 2013	Brief of respondent California filed. (Distributed)
Oct 2 2013	Brief amicus curiae of United States filed. (Distributed)
Oct 2 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 25 2013	Reply of petitioner Walter Fernandez filed. (Distributed)
Nov 13 2013	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Louis W. Karlin, Deputy Attorney General, Los Angeles, Cal.; and Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 25 2014	Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined. Scalia, J., and Thomas, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Mar 31 2014	MANDATE ISSUED.
Mar 31 2014	Record received from Court of Appeal of California, 2nd Appellate District has been returned.

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- 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
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- 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.
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- 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.
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- 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.
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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.

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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