Maryland v. King

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Maryland v. King

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Conference of February 15, 2019

Conference

Holiday

Orders

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
12-207	Md.	Feb 26, 2013 Tr.Aud.	Jun 3, 2013	5-4	Kennedy	OT 2012

Holding: When officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.

Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 3, 2013. Justice Scalia filed a dissenting opinion in which Justice Ginsburg, Sotomayor, and Kagan joined.

SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench (Stephen Wermiel)
“Panopticon”? – Keep your eyes on the word! (Ronald Collins)
Opinion recap: Solving "cold cases" made easier (Lyle Denniston)
Argument recap: Does crime-solving trump privacy? (Lyle Denniston)
Argument preview: Crime, technology, and privacy (Lyle Denniston)
Academic highlight: David Kaye on the Fourth Amendment and DNA sampling (Amanda Frost)
SCOTUS for law students (sponsored by Bloomberg Law): The Court takes on DNA screening (Stephen Wermiel)
Court to rule on voting rights law, DNA case (FINAL UPDATE) (Lyle Denniston)
DNA testing may go on (Lyle Denniston)
DNA ruling blocked, for now (UPDATED) (Lyle Denniston)
DNA sampling case develops (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jul 13 2012	Application (12A48) for a stay of the judgment and mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 18 2012	UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the judgment and mandate of the Court of Appeals of Maryland, case No. 68, is hereby stayed pending receipt of a response, due on or before Wednesday, July 25, 2012, by 4 p.m., and further order of the undersigned or of the Court.
Jul 20 2012	Response to application from respondent Alonzo Jay King, Jr. filed.
Jul 23 2012	Reply of applicant Maryland filed.
Jul 26 2012	Letter submitted by respondent
Jul 30 2012	Application (12A48) granted by The Chief Justice. (In Chambers Opinion)
Aug 14 2012	Petition for a writ of certiorari filed. (Response due September 17, 2012)
Sep 04 2012	Brief amici curiae of Maryland Chiefs of Police Association, Inc., et al. filed.
Sep 11 2012	Order extending time to file response to petition to and including October 17, 2012.
Sep 12 2012	Brief amicus curiae of Steve Cooley, District Attorney for the County of Los Angeles filed.
Sep 17 2012	Brief amicus curiae of DNA Saves filed.
Sep 17 2012	Brief amici curiae of Maryland Legislators filed.
Sep 17 2012	Brief amicus curiae of National District Attorneys Association filed.
Oct 12 2012	Brief of respondent Alonzo Jay King, Jr. in opposition filed.
Oct 24 2012	DISTRIBUTED for Conference of November 9, 2012.
Oct 24 2012	Reply of petitioner Maryland filed. (Distributed)
Nov 09 2012	Petition GRANTED.
Nov 21 2012	Record Received from the Maryland Court of Appeals. 2 volumes.
Nov 27 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Dec 04 2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Dec 18 2012	SET FOR ARGUMENT ON Tuesday, February 26, 2013
Dec 26 2012	Joint appendix filed. (Statement of costs filed)
Dec 26 2012	Brief of petitioner Maryland filed.
Dec 28 2012	Brief amici curiae of Genetics, Genomics and Forensic Science Researchers in support of neither party filed.
Dec 28 2012	Brief amicus curiae of National District Attorneys Association filed.
Jan 02 2013	Brief amicus curiae of the United States filed.
Jan 02 2013	Brief amicus curiae of National Governors Association, et al. filed.
Jan 02 2013	Brief amicus curiae of Los Angeles County District Attorney on behalf of Los Angeles County filed.
Jan 02 2013	Brief amicus curiae of Global Alliance for Rapid DNA Testing filed.
Jan 02 2013	Brief amici curiae of DNA Saves, et al. filed.
Jan 02 2013	Brief amici curiae of Maryland Crime Victims' Resource Center, Inc., et al. filed.
Jan 02 2013	Brief amicus curiae of Susana Martinez, Governor of the State of New Mexico filed.
Jan 02 2013	Brief amici curiae of California, et al. filed.
Jan 02 2013	Brief amicus curiae of Maryland Coalition Against Sexual Assault filed.
Jan 02 2013	Brief amici curiae of Maryland Chiefs of Police Association, Inc., et al. filed. (Distributed)
Jan 09 2013	Additional record received from the Court of Appeals of Maryland. Part of this record is electronic.
Jan 10 2013	CIRCULATED.
Jan 25 2013	Brief of respondent Alonzo Jay King, Jr. filed. (Distributed)
Jan 29 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 01 2013	brief amicus curiae of Veterans for Common Sense filed. (Distributed)
Feb 01 2013	Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Feb 01 2013	Brief amicus curiae of Electronic Privacy Information Center and twenty-six technical experts and legal scholars filed. (Distributed)
Feb 01 2013	Brief amicus curiae of Public Defenders Service for the District of Columbia filed. (Distributed)
Feb 01 2013	Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Feb 01 2013	Brief amici curiae of Genetic Scientists Robert Nussbaum and Sara H. Katsanis filed. (Distributed)
Feb 01 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 01 2013	Brief amicus curiae of Council for Responsible Genetics filed. (Distributed)
Feb 01 2013	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Feb 01 2013	Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Feb 01 2013	Brief amici curiae of 14 Scholars of Forensic Evidence filed. (Distributed)
Feb 15 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 19 2013	Reply of petitioner Maryland filed. (Distributed)
Feb 26 2013	Argued. For petitioner: Katherine Winfree, Chief Deputy Attorney General, Baltimore, Md.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kannon K. Shanmugam, Washington, D. C.
Jun 03 2013	Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jul 05 2013	MANDATE ISSUED.
Jul 05 2013	Record returned to Court of Appeals of Maryland.
Jul 05 2013	Record returned to Circuit Court fo Wicomico County.

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Court will review census citizenship dispute this term – Amy Howe

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
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.
More Petitions »
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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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	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73