Moore v. Texas

Editor's Note :

Moore v. Texas

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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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
15-797	Tex. Crim. App.	Nov 29, 2016 Tr.Aud.	Mar 28, 2017	5-3	Ginsburg	OT 2016

Holding: By rejecting the habeas court's application of current medical diagnostic standards and by following the standard under Ex parte Briseno, including the nonclinical Briseno factors, the decision of the Texas Court of Criminal Appeals does not comport with the Eighth Amendment and Supreme Court precedents.

Judgment: Vacated and remanded, 5-3, in an opinion by Justice Ginsburg on March 28, 2017. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.

Death-penalty symposium: A court increasingly uncomfortable with the death penalty (Stephen McAllister)
Death-penalty symposium: In search of predictability (Joseph Tartakovsky)
Death-penalty symposium: Supreme Court marks time for a term on capital punishment (Kent Scheidegger)
Death-penalty symposium: Incremental victories for capital defendants but no sweeping change (Carol Steiker and Jordan Steiker)
Death-penalty symposium: Even with this conservative court, some progressive wins remain possible (Brianne Gorod)
Death-penalty symposium: The court keeps treating a fatally diseased death penalty (Brian Stull)
Death-penalty symposium: Evolving standards for "evolving standards" (Dominic Draye)
Opinion analysis: A victory for intellectually disabled inmates in Texas (Amy Howe)
Argument analysis: Texas inmate seems likely to prevail in death-row disability challenge (Amy Howe)
Argument preview: Court returns, again, to the death penalty and the intellectually disabled (Amy Howe)
Court reopens race and death penalty issues (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Dec 15 2015	Petition for a writ of certiorari filed. (Response due January 19, 2016)
Jan 19 2016	Brief amicus curiae of Constitutional Accountability Center filed.
Jan 19 2016	Brief amici curiae of The National Religious Campaign Against Torture, et al. filed.
Jan 19 2016	Brief amici curiae of International Organizations Interested in Medical Expertise, Psychiatry and Criminal Justice filed.
Jan 19 2016	Brief amici curiae of International Law and Human Rights Institutes, Societies, Practitioners and Scholars filed.
Jan 19 2016	Brief amici curiae of The American Academy of Psychiatry and the Law, et al. filed.
Jan 20 2016	Order extending time to file response to petition to and including February 18, 2016.
Feb 18 2016	Order further extending time to file response to petition to and including March 18, 2016.
Mar 18 2016	Brief of respondent Texas in opposition filed.
Apr 1 2016	Reply of petitioner Bobby James Moore filed.
Apr 6 2016	DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016	DISTRIBUTED for Conference of April 29, 2016.
Apr 27 2016	Record Requested .
May 6 2016	Record received from the Court of Criminal Appeals of Texas. The record is electronic.
May 9 2016	DISTRIBUTED for Conference of May 12, 2016.
May 16 2016	DISTRIBUTED for Conference of May 19, 2016.
May 23 2016	DISTRIBUTED for Conference of May 26, 2016.
May 31 2016	DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016	Petition GRANTED limited to Question 1 presented by the petition.
Jun 14 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 28 2016	Consent to the filing of amicus curiiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 11 2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 28, 2016.
Jul 11 2016	The time to file respondent's brief on the merits is extended to and including September 6, 2016.
Jul 28 2016	Brief of petitioner Bobby James Moore filed.
Jul 28 2016	Joint appendix filed. (Statement of costs filed.)
Aug 3 2016	Brief amici curiae of American Civil Liberties Union, and the ACLU of Texas filed.
Aug 4 2016	Brief amici curiae of International Organizations and Individuals Interested in Medical Expertise and Psychiatry filed.
Aug 4 2016	Brief amici curiae of American Psychological Assocation, et al. filed.
Aug 4 2016	Brief amicus curiae of The American Bar Association filed.
Aug 4 2016	Brief amici curiae of The American Association on Intellectual and Developmental Disabilities, et al. filed.
Aug 4 2016	Brief amicus curiae of The Constitution Project filed.
Sep 6 2016	Brief of respondent Texas filed.
Sep 13 2016	Brief amici curiae of Arizona, et al. filed.
Sep 13 2016	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Oct 6 2016	Proposal of counsel for petitioner to lodge copies of opinions, cited in the reply brief, which are not available electronically.
Oct 6 2016	Reply of petitioner Bobby James Moore filed.
Oct 21 2016	SET FOR ARGUMENT on Tuesday, November 29, 2016
Oct 26 2016	CIRCULATED.
Nov 1 2016	Record requested from the Court of Criminal Appeals of Texas.
Nov 4 2016	Record received from the Court of Criminal Appeals of Texas is electronic.
Nov 29 2016	Argued. For petitioner: Clifford M. Sloan, Washington, D. C. For respondent: Scott A. Keller, Solicitor General, Austin, Tex.
Mar 28 2017	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
May 1 2017	MANDATE ISSUED.
May 1 2017	JUDGMENT ISSUED.

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Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

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This Week at the Court
On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
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.
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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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	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73