Jam v. International Finance Corp.

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Jam v. International Finance Corp.

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1011	D.C. Cir.	Oct 31, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the International Organizations Immunities Act—which affords international organizations the “same immunity” from suit that foreign governments have, 22 U.S.C. § 288a(b)—confers the same immunity on such organizations as foreign governments have under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11.

OT2018 #6: "Hook 'Em, Tom" (First Mondays)
Argument analysis: Court quiet, but potentially skeptical, on immunity for international organizations (Amy Howe)
Argument preview: Court to consider immunity for international organizations (Amy Howe)
Justices grant four new cases (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Dec 01 2017	Application (17A606) to extend the time to file a petition for a writ of certiorari from December 25, 2017 to January 25, 2018, submitted to The Chief Justice.
Dec 11 2017	Application (17A606) granted by The Chief Justice extending the time to file until January 25, 2018.
Jan 19 2018	Petition for a writ of certiorari filed. (Response due February 21, 2018)
Feb 09 2018	Motion to extend the time to file a response from February 21, 2018 to March 23, 2018, submitted to The Clerk.
Feb 09 2018	Blanket Consent filed by Petitioners, Budha Ismail Jam, et al..
Feb 12 2018	Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018.
Feb 21 2018	Brief amicus curiae of International Law Scholars filed.
Mar 13 2018	Motion to extend the time to file a response from March 23, 2018 to March 30, 2018, submitted to The Clerk.
Mar 15 2018	Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2018.
Mar 30 2018	Brief of respondent International Finance Corporation in opposition filed.
Apr 18 2018	DISTRIBUTED for Conference of 5/10/2018.
Apr 18 2018	Reply of petitioners Budha Ismail Jam, et al. filed. (Distributed)
May 14 2018	DISTRIBUTED for Conference of 5/17/2018.
May 21 2018	Petition GRANTED limited to Question 1 presented by the petition.
Jun 15 2018	Motion for an extension of time to file the briefs on the merits filed.
Jun 27 2018	Blanket Consent filed by Petitioner, Budha Ismail Jam, et al.
Jul 02 2018	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 13, 2018. The time to file respondent's brief on the merits is extended to and including August 29, 2018.
Jul 02 2018	Blanket Consent filed by Respondent, International Finance Corporation.
Jul 03 2018	Motion to dispense with printing the joint appendix filed by petitioner Budha Ismail Jam, et al.
Jul 09 2018	Motion for a further extension of time to file the opening briefs on the merits filed.
Jul 24 2018	Motion for a further extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 24, 2018. The time to file respondent's brief on the merits is further extended to and including September 10, 2018.
Jul 24 2018	Brief of petitioners Budha Ismail Jam, et al. filed.
Jul 31 2018	Brief amici curiae of Professors of International Organization and International Law filed.
Jul 31 2018	Brief amicus curiae of United States filed.
Jul 31 2018	Brief amici curiae of Center for International Environmental Law, et al. filed.
Jul 31 2018	Brief amici curiae of Bipartisan Members of Congress filed.
Aug 20 2018	SET FOR ARGUMENT on Wednesday, October 31, 2018
Sep 10 2018	Record requested from the U.S.C.A. Dist. of Columbia Circuit.
Sep 10 2018	Brief of respondent International Finance Corporation filed.
Sep 11 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 12 2018	CIRCULATED
Sep 17 2018	Brief amici curiae of International Law Experts filed. (Distributed)
Sep 17 2018	Brief amici curiae of International Bank for Reconstruction and Development, et al. filed. (Distributed)
Sep 17 2018	Brief amici curiae of Member Countries and the Multilateral Investment Guarantee Agency filed. (Distributed)
Sep 17 2018	Brief amici curiae of Former Secretaries of State and Secretaries of the Treasury filed. (Distributed)
Sep 17 2018	Brief amici curiae of Former Executive Branch Attorneys filed. (Distributed)
Sep 17 2018	Brief amici curiae of African Union, et al. filed. (Distributed)
Sep 21 2018	Record from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER.
Oct 01 2018	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Oct 01 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 05 2018	Reply of petitioners Budha Ismail Jam, et al. filed. (Distributed)
Oct 19 2018	Justice Kavanaugh is recused in this case.
Oct 31 2018	Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal.; and Jonathan Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Donald B. Verrilli, Jr., Washington, D. C.

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Court will review census citizenship dispute this term – Amy Howe

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73