|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.
|Date||Proceedings and Orders |
|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.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050