Cooper v. Harris

Editor's Note :

Cooper v. Harris

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh

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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
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

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh
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This Week at the Court
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.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard 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
- 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.
- 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 44

Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

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.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

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	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74