McCullen v. Coakley

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McCullen v. Coakley

Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

Relist Watch – John Elwood

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk

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Conference of June 20, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1168	1st Cir.	Jan 15, 2014 Tr.Aud.	Jun 26, 2014	9-0	Roberts	OT 2013

Holding: A Massachusetts law which makes it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care facility violates the First Amendment.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 26, 2014. Justice Scalia filed an opinion concurring in the judgment, in which Justice Kennedy and Thomas joined. Justice Alito also filed an opinion concurring in the judgment.

What is left of Hill v. Colorado? (Kevin Russell)
Opinion analysis: A broader right to oppose abortion (Lyle Denniston)
A "view" from the Court: Some surprises in penultimate session (UPDATED) (Mark Walsh)
Handicapping today’s argument in clinic buffer zone case: In Plain English (Amy Howe)
Argument recap: Buffer zones? Maybe yes, but how big? (Lyle Denniston)
Free speech and abortion rights collide: In Plain English (Amy Howe)
Argument preview: "Buffer zones" and free speech (Lyle Denniston)
SCOTUS for law students (sponsored by Bloomberg Law): Buffer zones and free speech (Stephen Wermiel)
Details on abortion protest grant (Mike Gottlieb)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 25 2013	Petition for a writ of certiorari filed. (Response due April 25, 2013)
Apr 24 2013	Order extending time to file response to petition to and including May 24, 2013.
Apr 24 2013	Brief amici curiae of Richard W. Garnett, et al. filed.
Apr 24 2013	Brief amici curiae of Life Legal Defense Foundation, and Walter B. Hoye II filed.
Apr 24 2013	Brief amici curiae of Molly White, et al. filed.
May 24 2013	Brief of respondents Martha Coakley, Attorney General of Massachusetts, et al. in opposition filed.
Jun 4 2013	Reply of petitioners Eleanor McCullen, et al. filed.
Jun 4 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013	Petition GRANTED.
Jul 10 2013	The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 9, 2013.
Jul 10 2013	The time to file respondents' brief on the merits is extended to and including November 7, 2013.
Sep 9 2013	Joint appendix filed. (Statement of costs filed.)
Sep 9 2013	Brief of petitioners Eleanor McCullen, et al. filed.
Sep 13 2013	Brief amicus curiae of American Center for Law and Justice filed.
Sep 13 2013	Brief amici curiae of Democrats for Life of America and Clergy for Better Choices filed.
Sep 13 2013	Brief amicus curiae of Justice and Freedom Fund filed.
Sep 13 2013	Brief amicus curiae of 12 Women Who Attest to the Importance of Free Speech in Their Abortion Decisions filed.
Sep 13 2013	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Sep 16 2013	Brief amici curiae of Life Legal Defense Foundation and Walter B. Hoye II filed.
Sep 16 2013	Brief amicus curiae of Liberty Counsel filed.
Sep 16 2013	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Sep 16 2013	Brief amicus curiae of Cato Institute filed.
Sep 16 2013	Brief amici curiae of Michigan and 11 Other States filed.
Sep 16 2013	Brief amicus curiae of Institute for Justice in support of neither party filed.
Sep 16 2013	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Sep 16 2013	Brief amici curiae of Eugene Volokh, et al., filed.
Sep 16 2013	Brief amici curiae of National Hispanic Christian Leadership Conference, et al. filed.
Sep 16 2013	Brief amici curiae of Bioethics Defense Fund, et al., filed.
Sep 16 2013	Brief amici curiae of American Civil Liberties Union, et al. filed.
Sep 16 2013	Brief amicus curiae of 40 Days for Life filed.
Sep 16 2013	Brief amicus curiae of The Rutherford Institute filed.
Nov 4 2013	SET FOR ARGUMENT ON Wednesday, January 15, 2014.
Nov 5 2013	The time to file respondents' brief on the merits is further extended to and including November 15, 2013.
Nov 5 2013	CIRCULATED
Nov 15 2013	Brief of respondents Martha Coakley, Attorney General of Massachusetts, et al. filed. (Distributed)
Nov 21 2013	Record from the U.S.C.A. 1st Circuit is electronic and located on PACER. Also record received from the U.S.C.A. 1st Circuit. (1 Box)
Nov 21 2013	Brief amici curiae of Planned Parenthood League of Massachusetts and Planned Parenthood Federation of America filed. (Distributed)
Nov 21 2013	Brief amici curiae of National Abortion Federation & 31 Other Organizations filed. (Distributed)
Nov 22 2013	Brief amicus curiae of United States filed. (Distributed)
Nov 22 2013	Brief amici curiae of City and County of San Francisco, California, and Seventeen Other Municipalities filed. (Distributed)
Nov 22 2013	Brief amici curiae of Victim Rights Law Center, et al. filed. (Distributed)
Nov 22 2013	Brief amici curiae of American College of Obstetricians and Gynecologists, et al. filed. (Distributed)
Nov 22 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 22 2013	Brief amici curiae of New York, et al. filed.
Nov 22 2013	Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)
Nov 22 2013	Brief amici curiae of Civil Rights Organizations filed. (Distributed)
Nov 22 2013	Brief amici curiae of National League of Cities, et al. filed.
Nov 22 2013	Brief amici curiae of Law Professors filed. (Distributed)
Nov 27 2013	Application (13A543) to extend the time to file a reply brief on the merits from December 16, 2013 to December 20, 2013, submitted to Justice Breyer.
Nov 27 2013	Application (13A543) granted by Justice Breyer extending the time to file until December 20, 2013.
Dec 9 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 20 2013	Reply of petitioners Eleanor McCullen, et al. filed. (Distributed)
Jan 15 2014	Argued. For petitioners: Mark L. Rienzi, Washington, D. C. For respondents: Jennifer Grace Miller, Assistant Attorney General, Boston, Mass.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 16 2014	Letter from counsel for the petitioners filed. Distributed
Jun 26 2014	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Kennedy and Thomas, JJ., joined. Alito, J., filed an opinion concurring in the judgment.
Jul 28 2014	JUDGMENT ISSUED.
Jul 28 2014	Record returned for U.S.C.A. for First Circuit.

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Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

Relist Watch – John Elwood

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
On Friday, the Supreme Court will release opinions in one or more argued cases 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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
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.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- 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.
More Petitions »
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Cases argued 69

Cases decided 53

Summary reversals 5

Merits cases granted to date 74

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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	53
Summary reversals	5
Merits cases granted to date	74

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6
Conference

10
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13
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17
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20
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