Green v. Brennan

Green v. Brennan

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-613	10th Cir.	Nov 30, 2015 Tr.Aud.	May 23, 2016	7-1	Sotomayor	OT 2015

Holding: (1) Because part of the "matter alleged to be discriminatory" in a constructive-discharge claim alleging discrimination in violation of Title VII of the Civil Rights Act of 1964 is an employee's resignation, the forty-five-day limitations period for contacting an Equal Employment Opportunity counselor for such action (a prerequisite to filing a lawsuit alleging discrimination) begins running only after an employee resigns; and (2) a constructive-discharge claim accrues -- and the limitations period begins to run -- when the employee gives notice of his resignation, not on the effective date thereof.

Judgment: Vacated and remanded, 7-1, in an opinion by Justice Sotomayor on May 23, 2016. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion.

Opinion analysis: Pro-plaintiff ruling in federal employment discrimination case (Amy Howe)
Argument analysis: Choosing a rule in employment-discrimination case (Amy Howe)
Argument preview: Justices to consider limitations period for federal employees alleging employment discrimination (Amy Howe)
Congress's power to permit lawsuits at issue (Lyle Denniston)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Oct 2 2014	Application (14A368) to extend the time to file a petition for a writ of certiorari from October 26, 2014 to November 26, 2014, submitted to Justice Sotomayor.
Oct 6 2014	Application (14A368) granted by Justice Sotomayor extending the time to file until November 26, 2014.
Nov 25 2014	Petition for a writ of certiorari filed. (Response due December 29, 2014)
Dec 23 2014	Order extending time to file response to petition to and including January 28, 2015.
Jan 26 2015	Order further extending time to file response to petition to and including February 27, 2015.
Feb 19 2015	Order further extending time to file response to petition to and including March 16, 2015.
Mar 11 2015	Order further extending time to file response to petition to and including March 18, 2015.
Mar 18 2015	Brief of respondent Megan J. Brennan, Postmaster General in opposition filed.
Mar 31 2015	Reply of petitioner Marvin Green filed.
Apr 1 2015	DISTRIBUTED for Conference of April 17, 2015.
Apr 20 2015	DISTRIBUTED for Conference of April 24, 2015.
Apr 27 2015	Petition GRANTED.
May 15 2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 6, 2015.
May 15 2015	The time to file respondent's brief on the merits is extended to and including August 27, 2015.
Jun 30 2015	Letter from the Solicitor General informing Clerk of their position on the merits.
Jul 6 2015	Joint appendix filed. (Statement of costs received).
Jul 6 2015	Brief of petitioner Marvin Green filed.
Jul 13 2015	Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., and National Women's Law Center filed.
Jul 13 2015	Brief amicus curiae of The National Employment Lawyers Association filed.
Jul 28 2015	Catherine M.A. Carroll, Esq., of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Briefs of other amici curiae in support of the judgment below are to be filed within 7 days of the filing of the brief of Court-appointed amicus curiae.
Jul 28 2015	Brief of respondent Megan J. Brennan, Postmaster General in support of affirmance filed.
Aug 3 2015	The time to file the brief of the Court-appointed amicus curiae is extended to and including September 28, 2015.
Sep 28 2015	Brief of Court-appointed amicus curiae in support of the judgment below filed.
Oct 2 2015	Motion for allocation of argument time filed by respondent Megan J. Brennan, Postmaster General (on behalf of the parties and Court-appointed amicus curiae).
Oct 5 2015	Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Oct 5 2015	Brief amicus curiae of New England Legal Foundation filed.
Oct 9 2015	SET FOR ARGUMENT on Monday, November 30, 2015
Oct 19 2015	Record requested from U.S.C.A. 10th Circuit
Oct 19 2015	Record from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 1 Box.
Oct 27 2015	CIRCULATED
Oct 28 2015	Reply of petitioner Marvin Green filed. (Distributed)
Oct 28 2015	Reply of respondent Megan J. Brennan, Postmaster General in support of affirmance filed. (Distributed)
Oct 30 2015	Motion for allocation of argument time GRANTED.
Nov 30 2015	Argued. For petitioner: Brian Wolfman, Stanford, Cal. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Catherine M.A. Carroll, Washington, D. C.
May 23 2016	Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion.
Jun 24 2016	JUDGMENT ISSUED

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 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
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
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.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- 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.
More Petitions »
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74