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Mount Lemmon Fire District v. Guido

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-587	9th Cir.	Oct 1, 2018 Tr.Aud.	Nov 6, 2018	8-0	Ginsburg	OT 2018

Holding: State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.

Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on November 6, 2018. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

OT2018 #7: "Now Who's the Legal Realist?" (First Mondays)
Opinion analysis: Federal age-discrimination law applies to all public employees (Charlotte Garden)
Argument analysis: "A strange statute that was written in a strange way" (Charlotte Garden)
A "view" from the courtroom: Opening with an empty spot on the bench (Mark Walsh)
Argument preview: Age discrimination and small public employers (Charlotte Garden)
Justices add three cases to merits docket, but deny review in DACA-termination case (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Aug 25 2017	Application (17A226) to extend the time to file a petition for a writ of certiorari from September 17, 2017 to October 18, 2017, submitted to Justice Kennedy.
Aug 30 2017	Application (17A226) granted by Justice Kennedy extending the time to file until October 18, 2017.
Oct 18 2017	Petition for a writ of certiorari filed. (Response due November 20, 2017)
Nov 08 2017	Order extending time to file response to petition to and including December 18, 2017.
Dec 18 2017	Brief of respondents John Guido, et al. in opposition filed.
Jan 02 2018	Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
Jan 03 2018	DISTRIBUTED for Conference of 1/19/2018.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	Petition GRANTED.
Mar 23 2018	Motion to dispense with printing the joint appendix filed by petitioner Mount Lemmon Fire District.
Mar 23 2018	Joint motion for an extension of time to file the briefs on the merits filed.
Mar 26 2018	Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2018. The time to file respondents' brief on the merits is extended to and including July 5, 2018.
Apr 06 2018	Blanket Consent filed by Respondent, John Guido, et al.
Apr 16 2018	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 04 2018	Blanket Consent filed by Petitioner, Mount Lemmon Fire District.
May 07 2018	Brief of petitioner Mount Lemmon Fire District filed.
May 14 2018	Brief amici curiae of National Conference of State Legislatures, et al. filed.
Jul 05 2018	Brief of respondents John Guido, et al. filed.
Jul 09 2018	SET FOR ARGUMENT On Monday, October 1, 2018
Jul 12 2018	Brief amici curiae of AARP, AARP Foundation and NELA filed.
Jul 12 2018	Brief amicus curiae of United States filed.
Jul 12 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 03 2018	CIRCULATED
Aug 06 2018	Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
Aug 07 2018	Record requested from the U.S.C.A. 9th Circuit.
Aug 24 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Aug 30 2018	Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 01 2018	Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondents: Jeffrey L. Fisher, Stanford, Cal.; and Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Nov 06 2018	Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case.
Dec 10 2018	JUDGMENT ISSUED.

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The Supreme Court released orders from the January 18 conference on Tuesday; the justices granted New York State Rifle & Pistol Association Inc. v. City of New York, New York.
On Tuesday, the justices released their opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
The justices will meet next for their February 15 conference.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
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- 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.
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- 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.
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Current Relists
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- 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.
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- 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.
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  (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.
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Cases argued 43

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

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Mount Lemmon Fire District v. Guido

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Justices to review New York gun rights case – Amy Howe

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

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Silver Gavel Award

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