McCullen v. Coakley

McCullen v. Coakley

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood

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Feb. 2019

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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
12-1168	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.

Featured Posts

Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land – Amy Howe

Argument preview: Justices address circuit split on whether a period of pretrial imprisonment can toll a term of federal supervised release – Fiona Doherty

Relist Watch – John Elwood
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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.
More Petitions »
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Statistical Snapshot

Cases argued 45

Cases decided 13

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