Florida v. Jardines

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Florida v. Jardines

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-564	Fla. S. Ct.	Oct 31, 2012 Tr.Aud.	Mar 26, 2013	5-4	Scalia	OT 2012

Holding: A dog sniff at the front door of a house where the police suspected drugs were being grown constitutes a search for purposes of the Fourth Amendment.

Judgment: Affirmed, 5-4, in an opinion by Justice Scalia on March 26, 2013. Justice Kagan filed a concurring opinion in which Justice Ginsburg and Justice Sotomayor joined. Justice Alito filed a dissenting opinion in which Chief Justice Roberts, Justice Kennedy, and Justice Breyer joined.

Opinion issued in Florida v. Jardines (Updated) (Kevin Russell)
Argument recap: If you lose Scalia... (Lyle Denniston)
Argument preview: Drug-sniffing dogs and privacy (Lyle Denniston)
The dog-sniffing cases: Made simple (Lyle Denniston)
This week’s grants: In Plain English (Amy Howe)
Two new cases granted (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Sep 26 2011	Application (11A348) to extend the time to file a petition for a writ of certiorari from October 5, 2011 to October 27, 2011, submitted to Justice Thomas.
Oct 5 2011	Application (11A348) granted by Justice Thomas extending the time to file until October 27, 2011.
Oct 26 2011	Petition for a writ of certiorari filed. (Response due December 5, 2011)
Oct 26 2011	Appendix of Florida filed.
Dec 2 2011	Brief of respondent Joelis Jardines in opposition filed.
Dec 2 2011	Motion for leave to proceed in forma pauperis filed by respondent.
Dec 5 2011	Brief amici curiae of Texas, et al. filed.
Dec 14 2011	DISTRIBUTED for Conference of January 6, 2012.
Dec 15 2011	Reply of petitioner Florida filed. (Distributed)
Jan 6 2012	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 6 2012	Petition GRANTED limited to Question 1 presented by the petition.
Jan 23 2012	Brief amicus curiae of Wayne County, Michigan filed.
Feb 17 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 22, 2012.
Mar 21 2012	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including April 26, 2012.
Apr 26 2012	Joint appendix filed. (Statement of costs filed)
Apr 26 2012	Brief of petitioner Florida filed.
Apr 27 2012	Brief amici curiae of National Police Canine Association and Police K-9 Magazine filed.
May 3 2012	Brief amicus curiae of the United States filed.
May 3 2012	Brief amici curiae of Texas, et al. filed.
May 11 2012	The time to file respondent's brief on the merits is extended to and including June 25, 2012.
Jun 25 2012	Brief of respondent Joelis Jardines filed.
Jul 2 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 2 2012	Brief amicus curiae of Cato Institute filed.
Jul 2 2012	Brief amici curiae of Fourth Amendment Scholars filed.
Jul 2 2012	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 2 2012	Brief amicus curiae of Rutherford Institute filed.
Jul 16 2012	Application (12A54) to extend the time to file a reply brief on the merits from July 25, 2012 to August 9, 2012, submitted to Justice Thomas.
Jul 18 2012	Application (12A54) denied by Justice Thomas.
Jul 23 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jul 23 2012	SET FOR ARGUMENT ON Wednesday, October 31, 2012
Jul 25 2012	Reply of petitioner Florida filed. (Distributed)
Aug 2 2012	CIRCULATED
Aug 22 2012	Record received from Supreme Court of Florida. (1box)
Oct 31 2012	Argued. For petitioner: Gregory G. Garre, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Howard K. Blumberg, Assistant Public Defender, Miami, Fla.
Mar 26 2013	Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Kennedy and Breyer, JJ., joined.
Apr 29 2013	MANDATE ISSUED.
Jun 3 2013	Record returned to Supreme Court of Florida.

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A “view” from the courtroom: From the Federal Register to the Stanley Cup – Mark Walsh

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This Week at the Court
The Supreme Court released orders from the March 22 conference on Monday; the justices did not add any new cases to their merits docket for next term.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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.
- 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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference