Fleck v. Wetch

Fleck v. Wetch

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Conference of May 23, 2019

Petition granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 8th Circuit for further consideration in light of Janus v. State, County, and Municipal Employees on December 3, 2018.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-886	8th Cir.	N/A	N/A	N/A	N/A	OT 2018

Issues: (1) Whether it violates the First Amendment for state law to presume that the petitioner consents to subsidizing non-chargeable speech by the group he is compelled to fund (an “opt-out” rule), as opposed to an “opt-in” rule whereby the petitioner must affirmatively consent to subsidizing such speech; and (2) whether Keller v. State Bar of California and Lathrop v. Donohue should be overruled insofar as they permit the state to force the petitioner to join a trade association he opposes as a condition of earning a living in his chosen profession.

Two new CVSGs – on a deadline (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Nov 02 2017	Application (17A494) to extend the time to file a petition for a writ of certiorari from November 15, 2017 to January 14, 2018, submitted to Justice Gorsuch.
Nov 06 2017	Application (17A494) granted by Justice Gorsuch extending the time to file until December 15, 2017.
Dec 15 2017	Petition for a writ of certiorari filed. (Response due January 22, 2018)
Jan 11 2018	Motion to extend the time to file a response from January 22, 2018 to February 21, 2018, submitted to The Clerk.
Jan 12 2018	Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2018, for all respondents.
Jan 22 2018	Motion for leave to file amicus brief filed by Pacific Legal Foundation.
Jan 22 2018	Motion for leave to file amici brief filed by Kourosh Kenneth Hamidi, et al.
Feb 16 2018	Waiver of right of respondent Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler to respond filed.
Mar 07 2018	DISTRIBUTED for Conference of 3/23/2018.
Mar 12 2018	Response Requested. (Due April 11, 2018)
Mar 16 2018	Motion to extend the time to file a response from April 11, 2018 to May 10, 2018, submitted to The Clerk.
Mar 20 2018	Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2018, for all respondents.
Apr 23 2018	Motion to extend the time to file a response from May 10, 2018 to June 8, 2018, submitted to The Clerk.
Apr 26 2018	Motion to extend the time to file a response is granted and the time is further extended to and including June 8, 2018, for all respondents.
Jun 08 2018	Brief of respondents Joe Wetch, Aubrey Fiebelkorn-Zuger, and Tony Weiler in opposition filed.
Jun 08 2018	Brief of respondent Penny Miller, Secretary-Treasurer of the State Board of Law Examiners in opposition filed.
Jun 22 2018	Reply of petitioner Arnold Fleck filed.
Jun 27 2018	DISTRIBUTED for Conference of 9/24/2018.
Oct 01 2018	DISTRIBUTED for Conference of 10/5/2018.
Oct 09 2018	DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018	DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018	DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018	DISTRIBUTED for Conference of 11/16/2018.
Nov 26 2018	DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018	Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED.
Dec 03 2018	Motion for leave to file amici brief filed by Kourosh Kenneth Hamidi, et al. GRANTED.
Dec 03 2018	Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Janus v. State, County, and Municipal Employees, 585 U. S. ___ (2018).
Jan 04 2019	JUDGMENT ISSUED.

Featured Posts

Relist Watch – John Elwood

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey
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Fifty years ago today, May 23, 1969, President Richard Nixon nominated Warren Burger to be the 15th chief justice of the United States.
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices met for their May 23 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
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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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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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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20
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