Lewis v. Clarke

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Lewis v. Clarke

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood

A "view" from the courtroom: What the Constitution means to me – Mark Walsh

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Conference of June 27, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1500	Conn.	Jan 9, 2017 Tr.Aud.	Apr 25, 2017	8-0	Sotomayor	OT 2016

Holding: (1) In a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe's sovereign immunity is not implicated; and (2) an indemnification provision cannot, as a matter of law, extend sovereign immunity to individual employees who would otherwise not be protected.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Sotomayor on April 25, 2017. Justices Thomas and Ginsburg filed opinions concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

Opinion analysis: Justices decline to extend sovereign immunity to tribe employees (Todd Henderson)
Argument analysis: Court unlikely to resolve complex issues about scope of sovereign and tribal immunity (Todd Henderson)
Argument preview: The perversity of tribal sovereignty (Todd Henderson)
Justices add eight new cases to docket for upcoming term (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Jun 13 2016	Petition for a writ of certiorari filed. (Response due July 13, 2016)
Jul 13 2016	Brief of respondent William Clarke in opposition filed.
Jul 26 2016	Reply of petitioners Brian Lewis, et al. filed.
Jul 27 2016	DISTRIBUTED for Conference of September 26, 2016.
Sep 29 2016	Petition GRANTED.
Oct 07 2016	Motion to dispense with printing the joint appendix filed by petitioners Brian Lewis, et al.
Oct 31 2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 14 2016	Brief of petitioners Brian Lewis, et al. filed.
Nov 18 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Nov 21 2016	Brief amicus curiae of United States, supporting reversal filed.
Nov 21 2016	Brief amici curiae of Connecticut Trial Lawyers Association, et al. filed.
Dec 05 2016	SET FOR ARGUMENT on Monday, January 9, 2017.
Dec 07 2016	Record requested from the Supreme Court of Connecticut.
Dec 12 2016	CIRCULATED.
Dec 14 2016	Brief of respondent William Clarke filed. (Distributed)
Dec 21 2016	Record received from the Supreme Court of Connecticut. (1 Envelope)
Dec 21 2016	Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
Dec 21 2016	Brief amici curiae of The National Congress of American Indians, et al. filed. (Distributed)
Dec 21 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 21 2016	Brief amici curiae of The State of Arizona and the State of Oregon filed. (Distributed)
Dec 21 2016	Brief amici curiae of Ninth and Tenth Circuit Tribes filed. (Distributed)
Dec 21 2016	Brief amici curiae of The Otoe-Missouria Tribe of Indians, et al. filed. (Distributed)
Dec 28 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 30 2016	Reply of petitioners Brian Lewis, et al. filed. (Distributed)
Jan 09 2017	Argued. For petitioners: Eric D. Miller, Seattle, Wash. For United States, as amicus curiae: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Neal K. Katyal, Washington, D. C.
Apr 25 2017	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, and Kagan, JJ., joined. Thomas, J., and Ginsburg, J., filed opinions concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
May 30 2017	MANDATE ISSUED.
May 30 2017	JUDGMENT ISSUED.
Aug 07 2017	Record from the Supreme Court of Connecticut has been returned.

Featured Posts

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood

A "view" from the courtroom: What the Constitution means to me – Mark Walsh
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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.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
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
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- 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
  The Bladensburg Cross does not violate the establishment clause 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
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- 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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 66

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	66
Summary reversals	5
Merits cases granted to date	74

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