Minnesota Voters Alliance v. Mansky

Minnesota Voters Alliance v. Mansky

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

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Conference of March 15, 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

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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.
- 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.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference