Horne v. Department of Agriculture

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Horne v. Department of Agriculture

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Conference of May 16, 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.

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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 meet for their May 23 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.
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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.
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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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