Murphy v. Smith

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1067	7th Cir.	Dec 6, 2017 Tr.Aud.	Feb 21, 2018	5-4	Gorsuch	OT 2017

Holding: In cases governed by 42 U.S.C. § 1997e(d), district courts must apply as much of a judgment in a federal civil rights suit as necessary, up to 25 percent, to satisfy an award of attorney’s fees.

Judgment: Affirmed, 5-4, in an opinion by Justice Gorsuch on February 21, 2018. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.

SCOTUSblog Coverage

Opinion analysis: Divided court holds more of prisoners’ damages awards must go to attorney’s fees (Charlotte Garden)
Argument analysis: What does it take to satisfy an award of attorney’s fees? (Charlotte Garden)
Argument preview: Who should pay attorneys who win on behalf of prisoners? (Charlotte Garden)
In Recess #4: "Stone Soup" (First Mondays)
Justices add prisoner fees case to merits docket (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Mar 02 2017	Petition for a writ of certiorari filed. (Response due April 5, 2017)
Mar 30 2017	Waiver of right of respondent Robert Smith, et al. to respond filed.
Apr 03 2017	Brief amici curiae of Roderick and Solange MacArthur Justice Center, et al. filed.
Apr 12 2017	DISTRIBUTED for Conference of April 28, 2017.
Apr 12 2017	Response Requested. (Due May 12, 2017)
Apr 25 2017	Order extending time to file response to petition to and including June 12, 2017.
Jun 14 2017	Order further extending time to file response to petition to and including July 12, 2017.
Jul 12 2017	Brief of respondents Robert Smith, et al. in opposition filed.
Jul 18 2017	Reply of petitioner Charles Murphy filed.
Jul 26 2017	DISTRIBUTED for Conference of September 25, 2017.
Aug 25 2017	Petition GRANTED.
Sep 05 2017	Motion to dispense with printing the joint appendix filed by petitioner Charles Murphy.
Sep 29 2017	Brief of petitioner Charles Murphy filed.
Oct 06 2017	Brief amici curiae of American Civil Liberties, et al. filed.
Oct 06 2017	SET FOR ARGUMENT ON Wednesday, December 6, 2017
Oct 10 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 20 2017	CIRCULATED
Oct 30 2017	Brief of respondents Robert Smith, et al. filed. (Distributed)
Nov 06 2017	Brief amici curiae of States of Michigan, et al. filed. (Distributed)
Nov 16 2017	Reply of petitioner Charles Murphy filed. (Distributed)
Dec 06 2017	Argued. For petitioner: Stuart Banner, Los Angeles, Cal. For respondents: Brett E. Legner, Deputy Solicitor General, Chicago, Ill.
Feb 21 2018	Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
Mar 26 2018	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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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.
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- 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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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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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Murphy v. Smith

SCOTUSblog Coverage

Featured Posts

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

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

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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