Lozano v. Alvarez

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Lozano v. Alvarez

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Conference of May 16, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-820	2d Cir.	Dec 11, 2013 Tr.Aud.	Mar 5, 2014	9-0	Thomas	OT 2013

Holding: The Hague Convention on the Civil Aspects of International Child Abduction creates a near-automatic return remedy for children who have been abducted to another country. To invoke that return remedy, the parent seeking the child’s return must file a petition seeking the return within one year of the child’s abduction. After one year has passed, the Convention still directs the court to order the child’s return, “unless it is demonstrated that the child is settled in its new environment.” The Court holds that the one-year period may not be equitably tolled, even if the abducting parent has concealed the child’s whereabouts until after the one-year period has passed.

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on March 5, 2014. Justice Alito filed a concurring opinion, in which Justices Breyer and Sotomayor joined.

Date	Proceedings and Orders (key to color coding)
Jan 2 2013	Petition for a writ of certiorari filed. (Response due February 4, 2013)
Feb 4 2013	Brief of respondent Diana Lucia Montoya Alvarez in opposition filed.
Feb 14 2013	Reply of petitioner Manuel Jose Lozano filed.
Feb 20 2013	DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 24 2013	Brief amicus curiae of United States filed.
Jun 4 2013	Supplemental brief of petitioner Manuel Jose Lozano filed.
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013	Petition GRANTED limited to Question 1 presented by the petition.
Jul 12 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013.
Jul 12 2013	The time to file respondent's brief on the merits is extended to and including October 22, 2013.
Aug 28 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 30 2013	Joint appendix filed. (Statement of costs filed)
Aug 30 2013	Brief of petitioner Manuel Jose Lozano filed.
Sep 4 2013	Brief amicus curiae of Mexican Association for Abducted and Missing Children in support of neither party filed.
Sep 5 2013	Brief amici curiae of International Academy of Matrimonial Lawyers (IAML) filed. (Distributed)
Sep 6 2013	Brief amicus curiae of Reunite International Child Abduction Centre in support of neither party filed.
Sep 6 2013	Brief amicus curiae of National Center for Missing and Exploited Children filed.
Sep 6 2013	Brief amici curiae of A Child Is Missing, Inc., et al. filed.
Sep 11 2013	SET FOR ARGUMENT ON Wednesday December 11, 2013.
Sep 17 2013	CIRCULATED
Oct 1 2013	Record received from U.S.C.A. for the Second Circuit - 1 envelope. The oral argument is electronic (Not on PACER).
Oct 1 2013	Additonal record received from the U.S.C.A. Second Circuit. (1 envelope containing SEALED documents.
Oct 22 2013	Brief of respondent Diana Lucia Montoya Alvarez filed. (Distributed)
Oct 29 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2013	Brief amicus curiae of United States filed. (Distributed)
Oct 29 2013	Brief amici curiae of Domestic Violence Legal Empowerment & Appeals Project (DV LEAP), et al. filed. (Distributed)
Nov 15 2013	Record from U.S.D.C. for Southern District of California is electronic.
Nov 18 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 21 2013	Reply of petitioner Manuel Jose Lozano filed. (Distributed)
Nov 22 2013	Record received from the U.S.D.C. Southern District of New York(1 Box / Part of the record is located on PACER).
Dec 11 2013	Argued. For petitioner: Shawn P. Regan, New York, N. Y. For respondent: Lauren A. Moskowitz, New York, N. Y.; and Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Mar 5 2014	Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Breyer and Sotomayor, JJ., joined.
Apr 7 2014	JUDGMENT ISSUED.
Apr 8 2014	Record received from the U.S.D.C. Southern District of New York has been returned.
Apr 8 2014	Record received from U.S.C.A. for the Second Circuit has been returned.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
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- 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.
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  (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.
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  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
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Current Relists
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- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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