Manuel v. City of Joliet

Manuel v. City of Joliet

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel

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RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-9496	7th Cir.	Oct 5, 2016 Tr.Aud.	Mar 21, 2017	6-2	Kagan	OT 2016

Holding: (1) Elijah Manuel may challenge his pretrial detention on Fourth Amendment grounds; and (2) on remand, the U.S. Court of Appeals for the 7th Circuit should determine the accrual date of Manuel's Fourth Amendment claim, unless it finds that the city of Joliet has previously waived its timeliness argument.

Judgment: Reversed and remanded, 6-2, in an opinion by Justice Kagan on March 21, 2017. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

Date	Proceedings and Orders (key to color coding)
Apr 27 2015	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2015)
May 20 2015	Waiver of right of respondents City of Joliet, Illinois, et al. to respond filed.
Jun 10 2015	DISTRIBUTED for Conference of June 25, 2015.
Jun 17 2015	Response Requested . (Due July 17, 2015)
Oct 20 2015	Order extending time to file response to petition to and including November 4, 2015.
Nov 12 2015	Order further extending time to file response to petition to and including December 4, 2015.
Dec 4 2015	Brief of respondents City of Joliet, Illinois, et al. in opposition filed.
Dec 14 2015	Reply of petitioner Elijah Manuel filed.
Dec 23 2015	DISTRIBUTED for Conference of January 8, 2016.
Jan 11 2016	DISTRIBUTED for Conference of January 15, 2016.
Jan 15 2016	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 1 2016	Motion to appoint counsel filed by petitioner Elijah Manuel.
Feb 17 2016	Motion DISTRIBUTED for Conference of March 4, 2016.
Feb 26 2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 2, 2016.
Feb 26 2016	The time to file respondents' brief on the merits is extended to and including August 3, 2016.
Mar 7 2016	Motion to appoint counsel filed by petitioner GRANTED and Stanley B. Eisenhammer, Esquire, of Arlington Heights, Illinois, is appointed to serve as counsel for the petitioner in this case.
Apr 12 2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Apr 15 2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.
May 2 2016	Joint appendix filed.
May 2 2016	Brief of petitioner Elijah Manuel filed.
May 9 2016	Brief amicus curiae of Albert W. Alschuler filed.
May 9 2016	Brief amicus curiae of United States filed.
May 9 2016	Brief amicus curiae of The National Police Accountability Project filed.
May 9 2016	Brief amicus curiae of The Innocence Network filed.
May 9 2016	Brief amicus curiae of National Association for Public Defense filed.
May 9 2016	Brief amici curiae of U.S. Justice Foundation, et al. filed.
May 9 2016	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 13 2016	SET FOR ARGUMENT on Wednesday, October 5, 2016.
Jul 22 2016	Record requested from U.S.C.A. 7th Circuit.
Jul 22 2016	Record from U.S.C.A. 7th Circuit is electronic and located on PACER.
Aug 3 2016	Brief of respondents City of Joliet, Illinois, et al. filed.
Aug 9 2016	CIRCULATED
Aug 10 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 10 2016	Brief amicus curiae of National District Attorney's Association filed. (Distributed)
Aug 10 2016	Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Aug 10 2016	Brief amicus curiae of DRI-The Voice of the Defense Bar filed. (Distributed)
Aug 10 2016	Brief amici curiae of Illinois, et al. filed. (Distributed)
Aug 10 2016	Brief amicus curiae of Sheldon H. Nahmod filed. (Distributed)
Sep 2 2016	Reply of petitioner Elijah Manuel filed. (Distributed)
Sep 26 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 5 2016	Argued. For petitioner: Stanley B. Eisenhammer, Arlington Heights, Ill. (Appointed by this Court); and Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Michael A. Scodro, Chicago, Ill.
Mar 21 2017	Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
Apr 24 2017	JUDGMENT ISSUED.

Featured Posts

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel
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The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- 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.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Summary reversals 3

Merits cases granted to date 74

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On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74