Mount Lemmon Fire District v. Guido

Mount Lemmon Fire District v. Guido

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky

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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.

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.

Featured Posts

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right – Gregory Ablavsky
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (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.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- 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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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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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
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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30
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