Kerry v. Din

Editor's Note :

Kerry v. Din

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe

Opinion analysis: Court holds that First Amendment does not apply to private operator of public-access channels – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1402	9th Cir.	Feb 23, 2015 Tr.Aud.	Jun 15, 2015	5-4	Scalia	OT 2014

Holding: The Ninth Circuit’s decision holding that a U.S. citizen has a protected liberty interest in her marriage that entitled her to review of the denial of a visa to her non-U.S.-citizen spouse, as well its holding that the government deprived her of that liberty interest when it denied the spouse’s visa application without providing a more detailed explanation of its reasons, is vacated.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Scalia on June 15, 2015. Justice Kennedy filed an opinion concurring in the judgement, in which Justice Alito joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

Opinion analysis: Limited judicial review of consular officer visa decisions – foreshadowing the result in the same-sex marriage case? (Kevin Johnson)
A View from the Courtroom: The Goldbergs (Mark Walsh)
Argument analysis: Review of consular visa decisions for the twenty-first century (Kevin Johnson)
Argument preview: The doctrine of consular non-reviewability – historical relic or good law? (Kevin Johnson)

Date	Proceedings and Orders (key to color coding)
Mar 13 2014	Application (13A932) to extend the time to file a petition for a writ of certiorari from March 24, 2014 to April 23, 2014, submitted to Justice Kennedy.
Mar 20 2014	Application (13A932) granted by Justice Kennedy extending the time to file until April 23, 2014.
Apr 9 2014	Application (13A932) to extend further the time to file a petition for a writ of certiorari from April 23, 2014 to May 23, 2014, submitted to Justice Kennedy.
Apr 10 2014	Application (13A932) granted by Justice Kennedy extending the time to file until May 23, 2014.
May 23 2014	Petition for a writ of certiorari filed. (Response due June 26, 2014)
Jun 17 2014	Order extending time to file response to petition to and including August 11, 2014.
Jul 31 2014	Order further extending time to file response to petition to and including August 25, 2014.
Aug 25 2014	Brief of respondent Fauzia Din in opposition filed.
Sep 10 2014	DISTRIBUTED for Conference of September 29, 2014.
Sep 12 2014	Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed)
Oct 2 2014	Petition GRANTED.
Nov 14 2014	The time to file the joint appendix and petitioners' brief on the merits is extended to and including November 26, 2014.
Nov 14 2014	The time to file respondent's brief on the merits is extended to and including January 12, 2015.
Nov 26 2014	Joint appendix filed. (Statement of costs filed.)
Nov 26 2014	Brief of petitioners John F. Kerry, Secretary of State, et al. filed.
Dec 22 2014	SET FOR ARGUMENT ON Monday, February 23, 2015
Dec 22 2014	Record requested from U.S.C.A. 9th Circuit.
Dec 22 2014	Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Jan 7 2015	CIRCULATED.
Jan 9 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jan 12 2015	Brief of respondent Fauzia Din filed. (Distributed)
Jan 16 2015	Brief amicus curiae of American Civil Liberties Union filed. (Distributed)
Jan 20 2015	Brief amici curiae of Law School Professors filed. (Distributed)
Jan 20 2015	Brief amici curiae of National Immigrant Justice Center, et al. filed. (Distributed)
Jan 20 2015	Brief amici curiae of Former Consular Officers filed. (Distributed)
Jan 20 2015	Brief amicus curiae of California Women's Law Center filed. (Distributed)
Jan 20 2015	Brief amici curiae of National Justice for Our Neighbors, et al. filed. (Distributed)
Feb 11 2015	Reply of petitioners John F. Kerry, Secretary of State, et al. filed. (Distributed)
Feb 20 2015	Letter from counsel for the respondent filed.
Feb 23 2015	Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mark E. Haddad, Los Angeles, Cal.
Jun 15 2015	Judgment VACATED and case REMANDED. Scalia, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Thomas, J., joined. Kennedy, J., filed an opinion concurring in the judgment, in which Alito, J., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 17 2015	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe

Opinion analysis: Court holds that First Amendment does not apply to private operator of public-access channels – Amy Howe
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, we expect the Supreme Court to release opinions in one or more argued cases. The justices will 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
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
- 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.
- 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.
- 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.
see all this term’s cases »
Current Relists
- 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.
- Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 49

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	49
Summary reversals	5
Merits cases granted to date	74

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6
Conference

10
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13
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17
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