Navarette v. California

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Navarette v. California

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Conference of March 22, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-9490	Cal. App. 1st. Dist.	Jan 21, 2014 Tr.Aud.	Apr 22, 2014	5-4	Thomas	OT 2013

Holding: Under the totality of the circumstances, the traffic stop precipitated by an anonymous but reliable tip to 911 complied with the Fourth Amendment because the officer had reasonable suspicion that the truck’s driver was intoxicated.

Judgment: Affirmed, 5-4, in an opinion by Justice Thomas on April 22, 2014. Justice Scalia filed a dissenting opinion, in which Justice Ginsburg, Justice Sotomayor, and Justice Kagan joined.

Opinion analysis: Big new role for anonymous tipsters (Lyle Denniston)
Argument recap: Pushing the hypotheticals (Lyle Denniston)
Argument preview: Acting on a caller's tip (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Mar 29 2013	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2013)
Apr 8 2013	Waiver of right of respondent California to respond filed.
Apr 24 2013	DISTRIBUTED for Conference of May 9, 2013.
May 13 2013	The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 3, 2013, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
May 31 2013	Petitioners complied with order of May 13, 2013.
Jun 5 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 11 2013	Response Requested . (Due July 11, 2013)
Jul 9 2013	Order extending time to file response to petition to and including August 12, 2013.
Aug 9 2013	Brief of respondent California in opposition filed.
Aug 16 2013	Reply of petitioners Lorenzo Prado Navarette and Jose Prado Navarette filed.
Aug 22 2013	DISTRIBUTED for Conference of September 30, 2013.
Oct 1 2013	Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Oct 10 2013	Motion for leave to proceed further herein in forma pauperis filed by petitioners Lorenzo Prado Navarette and Jose Prado Navarette.
Oct 10 2013	Motion to appoint counsel filed by petitioners Lorenzo Prado Navarette and Jose Prado Navarette.
Oct 28 2013	Motion DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013	Motion for leave to proceed further herein in forma pauperis GRANTED.
Nov 4 2013	Motion to appoint counsel filed by petitioners GRANTED. Paul Kleven, Esquire, of Berkeley, California, is appointed to serve as counsel for the petitioners in this case.
Nov 4 2013	SET FOR ARGUMENT Tuesday, January 21, 2014.
Nov 15 2013	Joint appendix filed.
Nov 15 2013	Brief of petitioners Lorenzo Prado Navarette and Jose Prado Navarette filed.
Nov 21 2013	CIRCULATED.
Nov 21 2013	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (Distributed)
Dec 16 2013	Brief of respondent California filed. (Distributed)
Dec 23 2013	Brief amicus curiae of the United States filed. (Distributed)
Dec 23 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 23 2013	Brief amici curiae of Florida, 31 Other States, and the District of Columbia filed. (Distributed)
Dec 27 2013	Record Received from U.S.C.A. 1st Appellate District. The record is electronic (Not on PACER).
Jan 10 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 13 2014	Reply of petitioners Lorenzo Prado Navarette and Jose Prado Navarette filed. (Distributed)
Jan 21 2014	Argued. For petitioners: Paul R. Kleven, Berkeley, Cal. (Appointed by this Court.) For respondent: Jeffrey M. K. Laurence, Supervising Deputy Attorney General, San Francisco, Cal.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 22 2014	Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
May 27 2014	MANDATE ISSUED.

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This Week at the Court
The Supreme Court released orders from the March 22 conference on Monday; the justices did not add any new cases to their merits docket for next term.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 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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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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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)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference