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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Horne v. Department of Agriculture

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.

SCOTUSblog Coverage

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