Harris v. Arizona Independent Redistricting Commission

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Harris v. Arizona Independent Redistricting Commission

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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
14-232	D. Ariz.	Dec 8, 2015 Tr.Aud.	Apr 20, 2016	8-0	Breyer	OT 2015

Holding: The federal district court did not err in upholding Arizona's redistricting plan because the plan's population deviations predominantly reflected efforts to achieve compliance with the Voting Rights Act, not to secure political advantage for the Democratic Party.

Judgment: Affirmed, 8-0, in an opinion by Justice Breyer on April 20, 2016.

Opinion analysis: A narrow, but unanimous, ruling on Arizona redistricting (Amy Howe)
Argument analysis: Justices hard to read on Arizona redistricting plan (Amy Howe)
Argument preview: Does “one person, one vote” yield to partisan politics or the Voting Rights Act? (Amy Howe)
The new look at "one person, one vote," made simple (Lyle Denniston)
Review of new Arizona election case narrowed (Lyle Denniston)
A new look at race and politics in redistricting (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Aug 25 2014	Statement as to jurisdiction filed. (Response due September 29, 2014)
Sep 15 2014	Order extending time to file response to statement as to jurisdiction to and including October 29, 2014.
Sep 17 2014	Waiver of right of appellee Arizona Secretary of State Ken Bennett to respond filed.
Oct 20 2014	Order further extending time to file response to statement as to jurisdiction to and including November 13, 2014.
Nov 13 2014	Motion to dismiss or affirm filed by appellees Arizona Independent Redistricting Commission, et al.
Dec 2 2014	Reply of appellants Wesley W. Harris, et al. filed. (Distributed)
Dec 3 2014	DISTRIBUTED for Conference of January 9, 2015.
Jun 25 2015	DISTRIBUTED for Conference of June 29, 2015.
Jun 30 2015	PROBABLE JURISDICTION NOTED.
Jul 24 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellants.
Jul 29 2015	The time to file the joint appendix and appellants' brief on the merits is extended to and including September 4, 2015.
Jul 29 2015	The time to file appellees' brief on the merits is extended to and including October 26, 2015.
Jul 31 2015	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for appellee Arizona Secretary of State Michele Reagan.
Sep 4 2015	Brief of appellee Arizona Secretary of State Michele Reagan in support of appellants filed.
Sep 4 2015	Joint appendix filed.
Sep 4 2015	Brief of appellants Wesley W. Harris, et al. filed.
Sep 10 2015	Brief amicus curiae of Southern Coalition for Social Justice in support of neither party filed.
Oct 9 2015	SET FOR ARGUMENT on Tuesday, DECEMBER 8, 2015
Oct 19 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellee Arizona Independent Redistricting Commission.
Oct 19 2015	Record requested from U.S.D.C. District of Arizona.
Oct 26 2015	Brief of appellee Arizona Independent Redistricting Commission filed.
Oct 27 2015	CIRCULATED
Oct 30 2015	Motion for divided argument filed by appellee Arizona Secretary of State Michele Reagan in support of appellants.
Nov 2 2015	Brief amicus curiae of the United States filed. (Distributed)
Nov 2 2015	Brief amici curiae of Former Officials of the U.S. Department of Justice Who Enforced the Voting Rights Act filed. (Distributed)
Nov 2 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 2 2015	Brief amici curiae of The Navajo Nation and Leonard Gorman filed. (Distributed)
Nov 2 2015	Brief amicus curiae of Samuel S. Wang, Ph.D. filed. (Distributed)
Nov 2 2015	Brief amici curiae of Professors Nicholas Stephanoupolis and Simon Jackman filed. (Distributed)
Nov 24 2015	Motion for divided argument filed by appellee Arizona Secretary of State Michele Reagan in support of appellants. GRANTED.
Nov 24 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 25 2015	Reply of appellant Wesley W. Harris, et al. (Distributed)
Nov 25 2015	Letter and 8 1/2 x 11 inch copies of exhibits that appear in appellants' brief on the merits received.
Nov 25 2015	Reply of appellee Arizona Secretary of State Michele Reagan in support of appellants filed. (Distributed)
Dec 8 2015	Argued. For appellants: Mark F. Hearne, II, St. Louis, Mo. For appellee Arizona Secretary of State Michele Reagan in support of appellants: Mark Brnovich, Arizona Attorney General, Phoenix, Ariz. For appellee Arizona Independent Redistricting Commission: Paul M. Smith, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 20 2016	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.
May 23 2016	JUDGMENT ISSUED

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
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.
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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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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	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73