Garco Construction Inc. v. Secretary of the Army

Petition for certiorari denied on March 19, 2018

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-225	Fed. Cir.	N/A	N/A	N/A	N/A	OT 2017

Issue: Whether Bowles v. Seminole Rock & Sand Co. and Auer v. Robbins should be overruled.

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Date	Proceedings and Orders (key to color coding)
Aug 07 2017	Petition for a writ of certiorari filed. (Response due September 11, 2017)
Sep 07 2017	Order extending time to file response to petition to and including October 11, 2017.
Sep 08 2017	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Sep 11 2017	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 11 2017	Brief amici curiae of the States of Utah, et al. filed.
Sep 11 2017	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Oct 11 2017	Order further extending time to file response to petition to and including November 13, 2017.
Nov 09 2017	Order further extending time to file response to petition to and including December 1, 2017.
Dec 01 2017	Brief of respondent Robert M. Speer, Acting Secretary of the Army in opposition filed.
Dec 19 2017	Reply of petitioner GARCO Construction, Inc. filed.
Dec 20 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 03 2018	Rescheduled.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018	DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	DISTRIBUTED for Conference of 3/2/2018.
Mar 12 2018	DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018	Petition DENIED Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion)

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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.
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  (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.
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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Cases argued	43
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Summary reversals	2
Merits cases granted to date	73

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Garco Construction Inc. v. Secretary of the Army

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award