Minnesota Voters Alliance v. Mansky

Minnesota Voters Alliance v. Mansky

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel

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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
16-1435	8th Cir.	Feb 28, 2018 Tr.Aud.	Jun 14, 2018	7-2	Roberts	OT 2017

Holding: Minnesota’s ban on political apparel at polling places violates the First Amendment’s free speech clause.

Judgment: Reversed and remanded, 7-2, in an opinion by Chief Justice Roberts on June 14, 2018. Justice Sotomayor filed a dissenting opinion, in which Justice Breyer joined.

Opinion analysis: Court strikes down Minnesota ban on "political" apparel at the polls (Amy Howe)
OT2017 #16: "Robots in Ireland" (First Mondays)
Argument analysis: Justices debate decorum, line-drawing and "political" apparel at the polls (Amy Howe)
Argument preview: Justices to hear challenge to Minnesota voting dress code (Amy Howe)
OT2017 #14: "Justice for Stormy" (First Mondays)
Symposium: What’s the harm in a T-shirt? (Charles Rothfeld)
Symposium: Polling-place speech restrictions collide with modern free-speech doctrine (Ken Klukowski)
Symposium: Whose side is the First Amendment really on? (Daniel I. Weiner and Christopher R. Deluzio)
Symposium: Don’t tread on my passive political speech (Elizabeth Slattery)
Symposium: The right to vote in peace (J. Gerald Hebert)
Symposium: Nothing undignified about political messaging -- in America, we call that democracy (Rodney Smolla)
Justices to hear challenge to Minnesota voting dress code: In Plain English (Amy Howe)
Court releases February calendar (Amy Howe)
OT2017 #7: “Keys to a Valet” (First Mondays)
Court grants review in three new cases (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
May 30 2017	Petition for a writ of certiorari filed. (Response due July 3, 2017)
May 30 2017	Letter pursuant to Rule 12.6 from counsel for petitioners received.
Jun 08 2017	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Jun 12 2017	Waiver of right of respondent Steve Simon, in his official capacity as Minnesota Secretary of State to respond filed.
Jun 15 2017	Waiver of right of respondent Joe Mansky, et al. to respond filed.
Jul 03 2017	Motion for leave to file amici brief filed by Cato Institute, et al.
Jul 03 2017	Motion for leave to file amicus brief filed by Center for Competitive Politics.
Jul 03 2017	Motion for leave to file amici brief filed by The American Civil Rights Union, et al.
Jul 19 2017	DISTRIBUTED for Conference of September 25, 2017.
Aug 04 2017	Response Requested. (Due September 5, 2017)
Sep 01 2017	Brief of respondents Joe Mansky, et al. in opposition filed.
Sep 14 2017	Reply of petitioners Minnesota Voters Alliance, et al. filed.
Sep 20 2017	DISTRIBUTED for Conference of 10/6/2017.
Oct 10 2017	DISTRIBUTED for Conference of 10/13/2017.
Oct 23 2017	DISTRIBUTED for Conference of 10/27/2017.
Oct 30 2017	DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017	DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017	Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
Nov 13 2017	Motion for leave to file amici brief filed by The American Civil Rights Union, et al. GRANTED.
Nov 13 2017	Motion for leave to file amicus brief filed by Center fo Competitive Politics GRANTED.
Nov 13 2017	Petition GRANTED.
Nov 27 2017	Motion for an extension of time filed.
Nov 27 2017	Blanket Consent filed by Petitioners, Minnesota Voters Alliance, et al.
Nov 29 2017	Motion to extend the time to file the joint appendix and petitioners' brief on the merits granted and the time is extended to and including January 5, 2018.
Dec 07 2017	Blanket Consent filed by Respondent, Joe Mansky, et al.
Dec 20 2017	SET FOR ARGUMENT ON Wednesday, February 28, 2018
Jan 05 2018	CIRCULATED
Jan 05 2018	Brief of petitioners Minnesota Voters Alliance, et al. filed.
Jan 05 2018	Joint appendix filed. (Statement of costs filed)
Jan 10 2018	Record requested from the U.S.C.A. 8th Circuit.
Jan 10 2018	Brief amicus curiae of Goldwater Institute filed. (Distributed)
Jan 11 2018	Brief amicus curiae of James Madison Center for Free Speech, Inc. filed. (Distributed)
Jan 11 2018	Brief amici curiae of Justice and Freedom Fund filed. (Distributed)
Jan 11 2018	Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Jan 12 2018	Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Distributed)
Jan 12 2018	Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Jan 12 2018	Brief amici curiae of The American Civil Rights Union, et al. filed. (Distributed)
Jan 12 2018	Brief amici curiae of American Civil Liberties Union; American Civil Liberties Union of Minnesota filed. (Distributed)
Jan 17 2018	Record received from the U.S.C.A. 8th Circuit. (1 Box).
Feb 05 2018	Brief of respondents Joe Mansky, et al. filed. (Distributed)
Feb 12 2018	Brief amici curiae of Brennan Center for Justice at NYU School of Law, The League of Women Voters of the United States and The League of Women Voters Minnesota filed. (Distributed)
Feb 12 2018	Brief amici curiae of States of Tennessee, Indiana, Kansas, Louisiana, Michigan, Mississippi, Montana, Nebraska, Rhode Island, Texas, and Utah filed. (Distributed)
Feb 12 2018	Brief amicus curiae of Campaign Legal Center filed. (Distributed)
Feb 12 2018	Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association filed. (Distributed)
Feb 19 2018	Reply of petitioners Minnesota Voters Alliance, et al. filed. (Distributed)
Feb 28 2018	Argued. For petitioners: J. David Breemer, Sacramento, Cal. For respondents: Daniel Rogan, Assistant Hennepin County Attorney, Minneapolis, Minn.
Jun 14 2018	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Ginsburg, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Breyer, J., joined.
Jul 16 2018	JUDGMENT ISSUED.
Aug 21 2018	Record from the U.S.C.A. 8th Circuit has been returned.

Featured Posts

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel
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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 »
Recent Special Features
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.
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	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74