Horne v. Isaacson

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Horne v. Isaacson

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Petition for certiorari denied on January 13, 2014

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-402	9th Cir.	N/A	N/A	N/A	N/A	OT 2013

Issue: (1) Whether the Ninth Circuit correctly held that the “viability” line from Roe v. Wade and Planned Parenthood v. Casey remains the only critical factor in determining constitutionality, to the exclusion of other significant governmental interests, or whether Arizona’s post-twenty-week limitation is facially valid because it does not pose a substantial obstacle to a safe abortion; (2) whether the Ninth Circuit erred in declining to recognize that the State’s interests in preventing documented fetal pain, protecting against a significantly increased health risk to the mother, and upholding the integrity of the medical profession are sufficient to support limitations on abortion after twenty weeks gestational age when terminating the pregnancy is not necessary to avert death or serious health risk to the mother; and (3) whether, if the Ninth Circuit correctly held that its decision is compelled by this Court’s precedent in Roe v. Wade and its progeny, those precedents should be revisited in light of the recent, compelling evidence of fetal pain and significantly increased health risk to the mother for abortions performed after twenty weeks gestational age.

Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Aug 7 2013	Application (13A177) to extend the time to file a petition for a writ of certiorari from August 19, 2013 to September 28, 2013, submitted to Justice Kennedy.
Aug 14 2013	Application (13A177) granted by Justice Kennedy extending the time to file until September 28, 2013.
Sep 27 2013	Petition for a writ of certiorari filed. (Response due October 30, 2013)
Oct 10 2013	Order extending time to file response to petition to and including November 29, 2013, for all respondents.
Oct 11 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petiioners and counsel for the respondents.
Oct 29 2013	Brief amicus curiae of American Center for Law & Justice filed.
Oct 29 2013	Brief amici curiae of States of Ohio and Montana and 14 other States filed.
Oct 29 2013	Brief amici curiae of Honorable Mary Fallin, et al. filed.
Oct 30 2013	Brief amicus curiae of Center for Arizona Policy filed.
Oct 30 2013	Brief amici curiae of Association of American Physicians & Surgeons, et al. filed.
Oct 30 2013	Brief amici curiae of Heartbeat International, Inc., et al. filed.
Oct 30 2013	Brief amici curiae of National Hispanic Christian Leadership Conference, et al. filed.
Oct 30 2013	Brief amici curiae of Jerome LeJeune Foundation USA, et al. filed.
Nov 8 2013	Order further extending time to file response to petition to and including December 9, 2013, for all respondents.
Dec 9 2013	Brief of respondent Barbara La Walt, Pima County Attorney in opposition filed.
Dec 9 2013	Brief of respondents Paul A. Isaacson, et al. in opposition filed.
Dec 23 2013	Reply of petitioners Tom Horne, Attorney General of Arizona, et al. filed.
Dec 24 2013	DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014	Petition DENIED.

Featured Posts

Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood
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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 met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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.
see all this term’s cases »
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.
More Petitions »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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28
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30
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