Navarette v. California

Navarette v. California

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

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Conference of May 23, 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.

Featured Posts

Relist Watch – John Elwood

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
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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 met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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.
More Petitions »
Recent Special Features
Statistical Snapshot

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

9
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13
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Opinions

16
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20
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23
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28
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30
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