Florida v. Jardines

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.

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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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 »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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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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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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23
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