Minnesota Voters Alliance v. Mansky

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Minnesota Voters Alliance v. Mansky

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Conference of May 16, 2019

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

Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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  (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
  (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.
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Recent Decisions
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
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- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
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Summary reversals	4
Merits cases granted to date	73

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