Kennedy v. Bremerton School District

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Kennedy v. Bremerton School District

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Conference of June 20, 2019

Petition for certiorari denied on January 22, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-12	9th Cir.	N/A	N/A	N/A	N/A	OT 2018

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.

Issue: Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.

Justices to review New York gun rights case (Amy Howe)
Petitions of the week (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Apr 09 2018	Application (17A1086) to extend the time to file a petition for a writ of certiorari from April 25, 2018 to May 25, 2018, submitted to Justice Kennedy.
Apr 10 2018	Application (17A1086) granted by Justice Kennedy extending the time to file until May 25, 2018.
May 10 2018	Application (17A1086) to extend further the time from May 25, 2018 to June 24, 2018, submitted to Justice Kennedy.
May 15 2018	Application (17A1086) granted by Justice Kennedy extending the time to file until June 24, 2018.
Jun 25 2018	Petition for a writ of certiorari filed. (Response due August 1, 2018)
Jul 03 2018	Blanket Consent filed by Petitioner, Joseph A. Kennedy.
Jul 23 2018	Brief amicus curiae of Thomas More Society filed.
Jul 24 2018	Brief amicus curiae of Foundation for Moral Law filed.
Jul 27 2018	Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
Jul 31 2018	Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
Aug 01 2018	Brief amici curiae of Arizona, et al. filed.
Aug 01 2018	Brief amicus curiae of The Texas High School Coaches Association filed.
Aug 01 2018	Brief amici curiae of Members of Congress filed.
Aug 01 2018	Brief amicus curiae of Robert Cleckler Bowden filed.
Aug 01 2018	Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
Aug 21 2018	Brief of respondent Bremerton School District in opposition filed.
Sep 05 2018	DISTRIBUTED for Conference of 9/24/2018.
Sep 05 2018	Reply of petitioner Joseph A. Kennedy filed. (Distributed)
Sep 20 2018	Rescheduled.
Oct 01 2018	DISTRIBUTED for Conference of 10/5/2018.
Oct 02 2018	Rescheduled.
Oct 09 2018	DISTRIBUTED for Conference of 10/12/2018.
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018	DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018	DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018	DISTRIBUTED for Conference of 11/16/2018.
Nov 26 2018	DISTRIBUTED for Conference of 11/30/2018.
Dec 03 2018	DISTRIBUTED for Conference of 12/7/2018.
Dec 20 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019	DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019	DISTRIBUTED for Conference of 1/18/2019.
Jan 22 2019	Petition DENIED. Statement of Justice Alito, with whom Justice Thomas, Justice Gorsuch, and Justice Kavanaugh join, respecting the denial of certiorari. (Detached Opinion)

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
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
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
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Cases argued 69

Cases decided 61

Summary reversals 5

Merits cases granted to date 74

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	61
Summary reversals	5
Merits cases granted to date	74

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6
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10
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13
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17
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