Genesis HealthCare Corp. v. Symczyk

Genesis HealthCare Corp. v. Symczyk

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1059	3d Cir.	Dec 3, 2012 Tr.Aud.	Apr 16, 2013	5-4	Thomas	OT 2012

Holding: Because respondent had no personal interest in representing putative, unnamed claimants, nor any other continuing interest that would preserve her suit from mootness, her suit was appropriately dismissed for lack of subject-matter jurisdiction.

Judgment: Reversed, 5-4, in an opinion by Justice Thomas on April 16, 2013. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg, Justice Breyer, and Justice Sotomayor joined.

Opinion recap: A "pick off" strategy works (Lyle Denniston)
Argument recap: Will sympathy or technicality prevail? (Lyle Denniston)
Argument preview: Scuttling a workers' pay case (Lyle Denniston)
Petition of the day (Matthew Bush)

Date	Proceedings and Orders (key to color coding)
Dec 9 2011	Application (11A570) to extend the time to file a petition for a writ of certiorari from January 18, 2012 to February 17, 2012, submitted to Justice Alito.
Dec 13 2011	Application (11A570) granted by Justice Alito extending the time to file until February 17, 2012.
Feb 17 2012	Petition for a writ of certiorari filed. (Response due March 28, 2012)
Mar 12 2012	Waiver of right of respondent Laura Symczyk to respond filed.
Mar 21 2012	DISTRIBUTED for Conference of April 13, 2012.
Mar 21 2012	Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar. (Distributed)
Mar 21 2012	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. (Distributed)
Mar 28 2012	Response Requested . (Due April 27, 2012)
Apr 24 2012	Order extending time to file response to petition to and including May 25, 2012.
May 25 2012	Brief of respondent Laura Symczyk in opposition filed.
Jun 5 2012	DISTRIBUTED for Conference of June 21, 2012.
Jun 5 2012	Reply of petitioner Genesis HealthCare Corporation, et al. filed. (Distributed)
Jun 25 2012	Motion for leave to file amici brief filed by Chamber of Commerce of the United States of America, et al. GRANTED.
Jun 25 2012	Motion for leave to file amicus brief filed by DRI - The Voice of the Defense Bar GRANTED.
Jun 25 2012	Petition GRANTED.
Jul 17 2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2012.
Jul 17 2012	The time to file respondent's brief on the merits is extended to and including October 19, 2012.
Jul 24 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 30 2012	Brief of petitioners Genesis HealthCare Corporation, et al. filed.
Aug 30 2012	Joint appendix filed. (Statement of Costs)
Sep 4 2012	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondent.
Sep 6 2012	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 6 2012	Brief amicus curiae of ACA International filed.
Sep 6 2012	Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Sep 6 2012	Brief amicus curiae of Equal Employment Advisory Council filed.
Sep 14 2012	SET FOR ARGUMENT ON Monday, December 3, 2012.
Sep 14 2012	CIRCULATED
Oct 1 2012	Record from U.S.D.C. for Eastern District of Pennsylvania is electronic.
Oct 1 2012	Record from U.S.C.A. for 3rd Circuit is electronic.
Oct 17 2012	Brief amicus curiae of the United States supporting affirmance filed. (Distributed)
Oct 19 2012	Brief of respondent Laura Symczyk filed. (Distributed)
Oct 26 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 26 2012	Brief amici curiae of Scholars Stephen B. Burbank, et al. filed. (Distributed)
Oct 26 2012	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Oct 26 2012	Brief amici curiae of The Impact Fund, et al. filed. (Distributed)
Oct 26 2012	Brief amici curiae of Service Employees International Union, et al. filed. (Distributed)
Oct 26 2012	Brief amici curiae of National Employment Lawyers Association, et al. filed. (Distributed)
Nov 13 2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2012	Reply of petitioners Genesis HealthCare Corporation, et al. filed. (Distributed)
Dec 3 2012	Argued. For petitioners: Ronald Mann, New York, N. Y. For respondent: Neal Kumar Katyal, Washington, D. C.: and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 16 2013	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
May 20 2013	JUDGMENT ISSUED.

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

9
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13
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Opinions

16
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20
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23
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28
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30
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