Henderson v. United States

Henderson v. United States

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1487	11th Cir.	Feb 24, 2015 Tr.Aud.	May 18, 2015	9-0	Kagan	OT 2014

Disclosure: John Elwood, a regular contributor to this blog, is among the counsel to the petitioner in this case.

Holding: A court-ordered transfer of a felon’s lawfully owned firearms from government custody to a third party is not barred by a federal law that prohibits felons from possessing guns if the court is satisfied that the recipient will not give the felon control over the firearms, so that he could either use them or direct their use.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on May 18, 2015.

Opinion analysis: An equitable result in Henderson v. United States (Richard M. Re)
Argument analysis: A controlled implosion (Richard M. Re)
Argument preview: What rights do felons have over their surrendered firearms? (Richard M. Re)
Privacy of hotel guest lists at issue (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Apr 14 2014	Application (13A1039) to extend the time to file a petition for a writ of certiorari from April 28, 2014 to June 27, 2014, submitted to Justice Thomas.
Apr 17 2014	Application (13A1039) granted by Justice Thomas extending the time to file until June 27, 2014.
Jun 10 2014	Petition for a writ of certiorari filed. (Response due July 14, 2014)
Jul 10 2014	Order extending time to file response to petition to and including August 13, 2014.
Aug 7 2014	Order further extending time to file response to petition to and including August 27, 2014.
Aug 27 2014	Brief of respondent United States in opposition filed.
Sep 9 2014	Reply of petitioner Tony Henderson filed.
Sep 10 2014	DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014	DISTRIBUTED for Conference of October 10, 2014.
Oct 14 2014	DISTRIBUTED for Conference of October 17, 2014.
Oct 20 2014	Petition GRANTED.
Nov 20 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 4 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 8, 2014.
Dec 4 2014	The time to file respondent's brief on the merits is extended to and including January 13, 2015.
Dec 8 2014	Joint appendix filed. (Statement of costs filed.)
Dec 8 2014	Brief of petitioner Tony Henderson filed.
Dec 12 2014	Brief amicus curiae of Institute for Justice filed.
Dec 15 2014	Brief amici curiae of Gun Owners of America, Inc., et al. filed.
Dec 15 2014	Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Dec 15 2014	Brief amici curiae of CRPA Foundation, et al. filed.
Dec 15 2014	Brief amici curiae of Commonwealth Second Amendment, Inc., et al. filed.
Dec 15 2014	Brief amicus curiae of National Rifle Association of America, Inc. filed.
Dec 22 2014	SET FOR ARGUMENT ON Tuesday, February 24, 2015
Dec 22 2014	Record requested from U.S.C.A. 11th Circuit.
Jan 6 2015	Record for United States District Court for the District of Jacksonville available on Pacer.
Jan 6 2015	Record received from U.S.C.A. 11th Circuit. (1 - Envelope)
Jan 7 2015	CIRCULATED.
Jan 13 2015	Brief of respondent United States filed. (Distributed)
Jan 14 2015	Record received from U.S.D.C. Middle Dist. of Florida. (1 - Envelope) Part of the Record is SEALED.
Jan 20 2015	Brief amicus curiae of The Brady Center to Prevent Gun Violence filed. (Distributed)
Feb 12 2015	Reply of petitioner Tony Henderson filed. (Distributed)
Feb 24 2015	Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For respondent: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
May 18 2015	Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
Jun 19 2015	JUDGMENT ISSUED.
Sep 22 2015	REVISED JUDGMENT ISSUED.

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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Statistical Snapshot

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

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16
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