Horne v. Department of Agriculture

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-275	9th Cir.	Apr 22, 2015	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.

SCOTUSblog Coverage

Opinion analysis: Is the New Deal in new trouble? (Lyle Denniston, June 22, 2015)
A “view” from the Courtroom: A web of intrigue as the Term winds down (Mark Walsh, June 22, 2015)
View from the Courtroom: Justices sometimes face off with each other in raisin case (Mark Walsh, April 22, 2015)
Argument analysis: Imagery overwhelms the facts (Lyle Denniston, April 22, 2015)
Argument preview: Regulation or confiscation? (Lyle Denniston, April 21, 2015)

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.

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