Kindred Nursing Centers Limited Partnership v. Clark

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Kindred Nursing Centers Limited Partnership v. Clark

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
16-32	Ky.	Feb 22, 2017 Tr.Aud.	May 15, 2017	7-1	Kagan	OT 2016

Holding: The Kentucky Supreme Court's clear-statement rule – under which an agent could deprive her principal of the rights of access to the courts and trial by jury through an arbitration agreement only if expressly provided in the power of attorney – violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.

Judgment: Reversed in part, vacated in part, and remanded, 7-1, in an opinion by Justice Kagan on May 15, 2017. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of the case.

Date	Proceedings and Orders (key to color coding)
May 06 2016	Application (15A1154) to extend the time to file a petition for a writ of certiorari from May 18, 2016 to July 1, 2016, submitted to Justice Kagan.
May 09 2016	Application (15A1154) granted by Justice Kagan extending the time to file until July 1, 2016.
Jul 01 2016	Petition for a writ of certiorari filed. (Response due August 5, 2016)
Jul 29 2016	Order extending time to file response to petition to and including September 6, 2016.
Aug 05 2016	Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Aug 05 2016	Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Sep 06 2016	Brief of respondents Janis E. Clark, et al. in opposition filed.
Sep 20 2016	Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed.
Sep 21 2016	DISTRIBUTED for Conference of October 7, 2016.
Oct 04 2016	Rescheduled.
Oct 11 2016	DISTRIBUTED for Conference of October 14, 2016.
Oct 21 2016	Supplemental brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed)
Oct 24 2016	DISTRIBUTED for Conference of October 28, 2016.
Oct 28 2016	Petition GRANTED.
Dec 07 2016	Joint appendix filed. (Statement of costs filed)
Dec 07 2016	Brief of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed.
Dec 12 2016	Brief amici curiae of Genesis Healthcare, Inc, et al. filed.
Dec 14 2016	Brief amici curiae of American Health Care Association and The Kentucky Association of Health Care Facilities filed.
Dec 14 2016	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Dec 22 2016	SET FOR ARGUMENT on Wednesday, February 22, 2017.
Dec 30 2016	Record requested from the Supreme Court of Kentucky.
Jan 06 2017	Brief of respondents Janis E. Clark, et al. filed.
Jan 11 2017	Record received from the Supreme Court of Kentucky, 1 Box.
Jan 13 2017	Brief amici curiae of American Association for Justice, and Kentucky Justice Association filed.
Jan 13 2017	Brief amicus curiae of Arbitration Scholar Imre S.Szalai filed.
Jan 13 2017	Brief amicus curiae of Public Citizen, Inc. filed.
Jan 13 2017	Brief amici curiae of AARP,et al. filed. (Distributed)
Jan 17 2017	Record received from the Court of Appeals of Kentucky (1 envelope).
Jan 17 2017	CIRCULATED.
Jan 19 2017	Supplemental brief of respondents Janis E. Clark, et al. filed. (Distributed)
Feb 06 2017	Reply of petitioners Kindred Nursing Centers Limited Partnership, dba Winchester Centre for Health and Rehabilitation, nka Fountain Circle Health and Rehabilitation, et al. filed. (Distributed)
Feb 22 2017	Argued. For petitioners: Andrew J. Pincus, Washington, D. C. For respondents: Robert E. Salyer, Lexington, Ky.
May 15 2017	Adjudged to be REVERSED IN PART, VACATED IN PART, and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of the case.
Jun 19 2017	JUDGMENT ISSUED
Jun 19 2017	MANDATE ISSUED.
Aug 11 2017	Record from the Supreme Court of Kentucky has been returned.
Aug 29 2018	The record from the Supreme Court of Kentucky has been returned.

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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
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- 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.
More Petitions »
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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
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10
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13
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