Jam v. International Finance Corp.

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Jam v. International Finance Corp.

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1011	D.C. Cir.	Oct 31, 2018 Tr.Aud.	Feb 27, 2019	7-1	Roberts	OT 2018

Holding: The International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976.

Judgment: Reversed and remanded, 7-1, in an opinion by Chief Justice Roberts on February 27, 2019. Justice Breyer filed a dissenting opinion. Justice Kavanaugh took no part in the consideration or decision of the case.

Opinion analysis: Justices hold that international organizations do not have near-complete immunity (Amy Howe)
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.
Feb 27 2019	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Ginsburg, Alito, Sotomayor, Kagan, and Gorsuch, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.
Apr 01 2019	JUDGMENT ISSUED.

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
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Summary reversals	5
Merits cases granted to date	73

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