McKee v. Cosby

Petition for certiorari denied on February 19, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1542	1st Cir.	N/A	N/A	N/A	N/A	OT 2018

Issue: Whether a victim of sexual misconduct who merely publicly states that she was victimized (i.e., #metoo) has thrust herself to the forefront of a public debate in an attempt to influence the outcome, thereby becoming a limited-purpose public figure who loses her right to recover for defamation absent a showing of actual malice by clear and convincing evidence.

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Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Mar 07 2018	Application (17A971) to extend the time to file a petition for a writ of certiorari from March 20, 2018 to April 19, 2018, submitted to Justice Breyer.
Mar 14 2018	Application (17A971) granted by Justice Breyer extending the time to file until April 19, 2018.
Apr 19 2018	Petition for a writ of certiorari filed. (Response due June 13, 2018)
Jun 11 2018	Waiver of right of respondent William H. Cosby, Jr. to respond filed.
Jun 20 2018	DISTRIBUTED for Conference of 9/24/2018.
Jun 29 2018	Response Requested. (Due July 30, 2018)
Jul 30 2018	Brief of respondent William H. Cosby, Jr. in opposition filed.
Aug 06 2018	Reply of petitioner Kathrine Mae McKee filed.
Aug 15 2018	DISTRIBUTED for Conference of 9/24/2018.
Sep 20 2018	Rescheduled.
Oct 01 2018	DISTRIBUTED for Conference of 10/5/2018.
Oct 02 2018	Rescheduled.
Oct 09 2018	DISTRIBUTED for Conference of 10/12/2018.
Oct 10 2018	Rescheduled.
Oct 22 2018	DISTRIBUTED for Conference of 10/26/2018.
Oct 25 2018	Rescheduled.
Oct 29 2018	DISTRIBUTED for Conference of 11/2/2018.
Nov 01 2018	Rescheduled.
Nov 05 2018	DISTRIBUTED for Conference of 11/9/2018.
Nov 07 2018	Rescheduled.
Nov 13 2018	DISTRIBUTED for Conference of 11/16/2018.
Nov 15 2018	Rescheduled.
Nov 26 2018	DISTRIBUTED for Conference of 11/30/2018.
Nov 28 2018	Rescheduled.
Dec 03 2018	DISTRIBUTED for Conference of 12/7/2018.
Dec 06 2018	Rescheduled.
Dec 20 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 03 2019	Rescheduled.
Jan 07 2019	DISTRIBUTED for Conference of 1/11/2019.
Jan 10 2019	Rescheduled.
Jan 14 2019	DISTRIBUTED for Conference of 1/18/2019.
Jan 18 2019	Rescheduled.
Feb 04 2019	DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019	Petition DENIED. Justice Thomas, concurring in the denial of certiorari. (Detached Opinion)

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The Supreme Court released orders from the April 12 conference on Monday; the justices called for the views of the U.S. solicitor general in Rutledge v. Pharmaceutical Care Management Association.
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  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.
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- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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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.
- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] . . . inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- 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.
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McKee v. Cosby

SCOTUSblog Coverage

Featured Posts

Relist Watch: The Muller Report – John Elwood

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary – Erin Scharff

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule – Howard M. Wasserman

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Peabody Award

Sigma Delta Chi

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