Plumhoff v. Rickard

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Plumhoff v. Rickard

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1117	6th Cir.	Mar 4, 2014 Tr.Aud.	May 27, 2014	9-0	Alito	OT 2013

Holding: The use of deadly force by police officers in this case – firing multiple rounds into a car during a high-speed chase, contributing to the death of the driver and a passenger – was not unreasonable given the threat to public safety posed by the driver's reckless behavior. As such, the officers did not violate the Fourth Amendment. But in any event, the officers were entitled to qualified immunity because they did not violate any clearly established law.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on May 27, 2014. Justice Ginsburg joined as to the judgment and Parts I, II, and III– C, and Justice Breyer joined except as to Part III–B–2.

Opinion analysis: More power to stop high-speed chases (Lyle Denniston)
Argument analysis: To decide, or not (Lyle Denniston)
Argument preview: High-speed chases -- again (Lyle Denniston)
SCOTUS for law students (sponsored by Bloomberg Law): Qualified immunity (Stephen Wermiel)
Court grants two cases (UPDATED) (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Mar 12 2013	Petition for a writ of certiorari filed. (Response due April 15, 2013)
Apr 30 2013	DISTRIBUTED for Conference of May 16, 2013.
May 8 2013	Response Requested . (Due June 7, 2013)
Jun 7 2013	Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend in opposition filed.
Jun 19 2013	DISTRIBUTED for Conference of September 30, 2013.
Aug 13 2013	Record Requested .
Aug 14 2013	Record received from the Court of Appeals for the Sixth Circuit
Aug 21 2013	DISTRIBUTED for Conference of September 30, 2013.
Aug 21 2013	Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Aug 22 2013	Record Requested .
Sep 27 2013	Record received from the United States District Court Western District of Tennessee (3 DVDs).
Oct 2 2013	DISTRIBUTED for Conference of October 18, 2013.
Oct 28 2013	DISTRIBUTED for Conference of November 1, 2013.
Nov 4 2013	DISTRIBUTED for Conference of November 8, 2013.
Nov 12 2013	DISTRIBUTED for Conference of November 15, 2013.
Nov 15 2013	Petition GRANTED.
Nov 25 2013	SET FOR ARGUMENT ON Tuesday, March 4, 2014
Dec 17 2013	Record received from U.S.C.A. 6th Circuit, the record is electronic.
Dec 30 2013	Joint appendix filed. (Statement of costs filed)
Dec 30 2013	Brief of petitioners Officer Vance Plumhoff, et al. filed.
Dec 31 2013	Record received from U.S.D.C. Western District of Tennessee Western Division. (1 Box)
Jan 6 2014	Brief amicus curiae of the United States filed.
Jan 6 2014	Brief amici curiae of Ohio and 21 Other States filed.
Jan 6 2014	Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Jan 7 2014	Record received from U.S.D.C. Western District of Tennessee (Memphis)
Jan 9 2014	CIRCULATED
Jan 29 2014	Brief of respondent Whitne Rickard, a Minor Child, Individually, and as Surviving Daughter of Donald Rickard, Deceased, By and Through Her Mother Samantha Rickard, as Parent and Next Friend filed. (Distributed)
Jan 31 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 4 2014	Brief amicus curiae of Professor Jonathan R. Nash filed. (Distributed).
Feb 5 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 5 2014	Brief amici curiae of National Police Accountability Project, et al. filed. (Distributed)
Feb 20 2014	Reply of petitioners Officer Vance Plumhoff, et al. filed. (Distributed)
Feb 21 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 4 2014	Argued. For petitioners: Michael Mosley, North Little Rock, Ark.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Gary K. Smith, Memphis, Tenn.
May 27 2014	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Sotomayor, and Kagan, JJ., joined, in which Ginsburg, J., joined as to the judgment and Parts I, II, and III-C, and in which Breyer, J., joined except as to Part III-B-2.
Jun 30 2014	JUDGMENT ISSUED.
Jul 2 2014	Record Returned for U.S.D.C. Western District of Tennessee.

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Court will review census citizenship dispute this term – Amy Howe

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- 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.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- 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.
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.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- 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.
More Petitions »
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Cases argued 43

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Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73