Horne v. Department of Agriculture

Horne v. Department of Agriculture

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-275	9th Cir.	Apr 22, 2015 Tr.Aud.	Jun 22, 2015	5-4	Roberts	OT 2014

Holding: The Fifth Amendment requires the government to pay just compensation when it takes personal property, just as when it takes real property. In this case, any net proceeds the raisin growers receive from the sale of the reserve raisins goes to the amount of compensation they have received for that taking; it does not mean the raisins have not been appropriated for government use. Nor can the government make raisin growers relinquish their property without just compensation as a condition of selling their raisins in interstate commerce.

Judgment: Reversed, 5-4, in an opinion by Chief Justice Roberts on June 22, 2015. Justices Ginsburg, Breyer and Kagan join Chief Justice Roberts opinion as to Part I and II. Justice Thomas filed a concurring opinion. Justice Breyer filed an opinion concurring in part and dissenting in part, in which Justices Ginsburg and Kagan joined. Justice Sotomayor filed a dissenting opinion.

Opinion analysis: Is the New Deal in new trouble? (Lyle Denniston)
A “view” from the Courtroom: A web of intrigue as the Term winds down (Mark Walsh)
View from the Courtroom: Justices sometimes face off with each other in raisin case (Mark Walsh)
Argument analysis: Imagery overwhelms the facts (Lyle Denniston)
Argument preview: Regulation or confiscation? (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jul 10 2014	Application (14A44) to extend the time to file a petition for a writ of certiorari from August 7, 2014 to September 8, 2014, submitted to Justice Kennedy.
Jul 16 2014	Application (14A44) granted by Justice Kennedy extending the time to file until September 8, 2014.
Sep 8 2014	Petition for a writ of certiorari filed. (Response due October 8, 2014)
Sep 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for respondent.
Sep 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioners.
Sep 30 2014	Order extending time to file response to petition to and including November 7, 2014.
Oct 7 2014	Brief amicus curiae of Texas filed.
Oct 8 2014	Brief amici curiae of Cato Institute, et al. filed.
Oct 8 2014	Brief amici curiae of DKT Liberty Project, and Eighteen Independent Raisin Growers filed.
Oct 8 2014	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 8 2014	Brief amicus curiae of Mountain States Legal Foundation filed.
Oct 8 2014	Brief amici curiae of Constitutional and Property Law Scholars filed.
Oct 8 2014	Brief amicus curiae of Pacific Legal Foundation filed.
Nov 4 2014	Order further extending time to file response to petition to and including December 8, 2014.
Dec 8 2014	Brief of respondent United States Department of Agriculture in opposition filed.
Dec 22 2014	Reply of petitioners Marvin D. Horne, et al. filed.
Dec 23 2014	DISTRIBUTED for Conference of January 9, 2015.
Jan 12 2015	DISTRIBUTED for Conference of January 16, 2015.
Jan 16 2015	Petition GRANTED.
Feb 24 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Feb 27 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Mar 2 2015	Joint appendix filed.
Mar 2 2015	Brief of petitioners Marvin D. Horne, et al. filed.
Mar 4 2015	Brief amici curiae of Baylen J. Linnekin and Keep Food Legal Foundation filed.
Mar 6 2015	SET FOR ARGUMENT ON Wednesday, April 22, 2015
Mar 9 2015	Brief amici curiae of Texas, et al. filed.
Mar 9 2015	Brief amicus curiae of Center for Constitutional Jurispurdence filed.
Mar 9 2015	Brief amici curiae of Cato Institute, et al. filed.
Mar 9 2015	Brief amici curiae of DKT Liberty Project, and Thirty-Three Independent Raisin Growers filed.
Mar 9 2015	Brief amicus curiae of Washington Legal Foundation filed.
Mar 9 2015	Brief amicus curiae of Pacific Legal Foundation filed.
Mar 9 2015	Brief amicus curiae of Mountain States Legal Foundation filed.
Mar 9 2015	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Mar 9 2015	Brief amicus curiae of Institute for Justice filed.
Mar 9 2015	Brief amicus curiae of Federal Circuit Bar Association filed.
Mar 9 2015	Brief amici curiae of Constitutional and Property Law Scholars filed.
Mar 9 2015	Brief amicus curiae of The Rutherford Institute filed.
Mar 16 2015	CIRCULATED.
Mar 17 2015	Record requested from U.S.C.A. 9th Circuit.
Mar 17 2015	Record from U.D.C.A. 9th Circuit is electronic and located on PACER.
Mar 25 2015	Record from U.S.D.C. Eastern District of California is electronic. (Adminstrative record)
Apr 1 2015	Brief of respondent Department of Agriculture filed. (Distributed)
Apr 8 2015	Brief amici curiae of Sun-Maid Growers of California, et al. filed. (Distributed)
Apr 8 2015	Brief amicus curiae of International Municipal Lawyers Association filed. (Distributed)
Apr 15 2015	Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Apr 22 2015	Argued. For petitioners: Michael W. McConnell, Washington, D. C. For respondent: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Apr 29 2015	Letter from the Solicitor General received and distributed.
Jun 22 2015	Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined, and in which Ginsburg, Breyer, and Kagan, JJ., joined as to Parts I and II. Thomas, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion.
Jul 24 2015	JUDGMENT ISSUED.

Featured Posts

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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.
- 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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference