Cooper v. Harris

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Cooper v. Harris

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter

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Conference of June 20, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1262	M.D. N.C.	Dec 5, 2016 Tr.Aud.	May 22, 2017	5-3	Kagan	OT 2016

Holding: (1) North Carolina's victory in a similar state-court lawsuit does not dictate the disposition of this case or alter the applicable standard of review; (2) the district court did not err in concluding that race furnished the predominant rationale for District 1's redesign and that the state's interest in complying with the Voting Rights Act of 1965 could not justify that consideration of race; and (3) the district court also did not clearly err by finding that race predominated in the redrawing of District 12.

Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on May 22, 2017. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part, in which Chief Justice Roberts and Justice Kennedy joined. Justice Gorsuch took no part in the consideration or decision of the case.

Symposium: Bringing sanity to racial-gerrymandering jurisprudence (Anita Earls)
Symposium: The Goldilocks principle of redistricting (Hans von Spakovsky)
Symposium: A recipe for continued confusion and more judicial involvement in redistricting (Andrew Brasher)
Symposium: Court provides clarification of redistricting challenges, but conflict on use of race remains (Kimberly Hermann)
Symposium: Court clarifies review of racial gerrymandering, but does not impose strict scrutiny on every intentional creation of a majority-minority district (Kristen Clarke and Ezra Rosenberg)
Symposium: The court continues winding down unnecessary racial redistricting (Richard Pildes)
Opinion analysis: Court strikes down N.C. districts in racial gerrymandering challenge (Amy Howe)
Argument analysis: Lots of questions, no easy answers in redistricting cases (Amy Howe)
Argument previews: Racial gerrymandering returns to the court (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 08 2016	Statement as to jurisdiction filed. (Response due May 11, 2016)
May 11 2016	Motion to affirm filed by appellees David Harris and Christine Bowser
May 24 2016	Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
May 31 2016	DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016	DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016	PROBABLE JURISDICTION NOTED.
Jul 06 2016	Record received from U.S.D.C. Middle District of North Carolina (Plaintiffs' Notice of Appeal). The record is electronic.
Aug 03 2016	The time to file the joint appendix and appellants' brief on the merits is extended to and including September 12, 2016.
Sep 12 2016	Brief of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
Sep 12 2016	Joint appendix filed (7 Volumes). (Statement of costs filed.)
Sep 14 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellants.
Sep 16 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellees.
Sep 16 2016	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Oct 12 2016	Brief of appellees David Harris and Christine Bowser filed.
Oct 19 2016	Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.
Oct 19 2016	Brief amicus curiae of Constitutional Accountability Center filed.
Oct 19 2016	Brief amici curiae of Campaign Legal Center, et al. filed.
Oct 19 2016	Brief amicus curiae of United States filed.
Oct 19 2016	Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Oct 19 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2016	SET FOR ARGUMENT on Monday, December 5, 2016
Oct 26 2016	CIRCULATED.
Nov 01 2016	Record requested from U.S.D.C. Middle Dist. of North Carolina.
Nov 07 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 10 2016	Record received from the U.S.D.C. Middle Dist. of North Carolina is electronic.
Nov 14 2016	Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed. (Distributed)
Dec 05 2016	Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees: Mark E. Elias, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 22 2017	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Roberts, C. J., and Kennedy, J., joined. Gorsuch, J., took no part in the consideration or decision of this case.
Jun 26 2017	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: Court gives broad meaning to “confidential” in FOIA exemption for commercial and financial information – Mark Fenster

Opinion analysis: Punitive damages not available under general maritime law in personal-injury unseaworthiness action – Joel Goldstein

Opinion analysis: Long-time prohibition on registration of scandalous and immoral trademarks is struck down – Megan Carpenter
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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.
The Supreme Court will release opinions in one or more argued cases on Wednesday at 10 a.m.
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
- Gamble v. United States
see all this term’s cases »
Recent Decisions
- 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 »
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Cases argued 69

Cases decided 61

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	61
Summary reversals	5
Merits cases granted to date	74

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