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Quarles v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-778	6th Cir.	Apr 24, 2019 Tr.	TBD	TBD	TBD	OT 2018

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether Taylor v. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enough that the defendant formed the intent to commit a crime at any time while “remaining in” the building or structure, as the court below and three other circuits hold.

SCOTUSblog Coverage

Argument preview: When must criminal intent be developed for an unlawful trespass to become a burglary? (Rory Little)
OT2018 #15: "Second Best Opinion" (First Mondays)
Eight new grants, Ginsburg recovery from surgery “on track” (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Sep 13 2017	Application (17A296) to extend the time to file a petition for a writ of certiorari from September 26, 2017 to November 24, 2017, submitted to Justice Kagan.
Sep 15 2017	Application (17A296) granted by Justice Kagan extending the time to file until November 24, 2017.
Nov 24 2017	Petition for a writ of certiorari filed. (Response due December 28, 2017)
Dec 19 2017	Motion to extend the time to file a response from December 28, 2017 to January 29, 2017, submitted to The Clerk.
Dec 20 2017	Motion to extend the time to file a response is granted and the time is extended to and including January 29, 2018.
Dec 28 2017	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 17 2018	Motion to extend the time to file a response from January 29, 2018 to February 28, 2018, submitted to The Clerk.
Jan 18 2018	Motion to extend the time to file a response is granted and the time is further extended to and including February 28, 2018.
Feb 22 2018	Motion to extend the time to file a response from February 28, 2018 to March 30, 2018, submitted to The Clerk.
Feb 23 2018	Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2018.
Mar 30 2018	Brief of respondent United States of America filed.
Apr 06 2018	Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
Apr 10 2018	Reply of petitioner Jamar Quarles filed.
Apr 11 2018	DISTRIBUTED for Conference of 4/27/2018.
Dec 13 2018	Supplemental brief of petitioner Jamar Quarles filed. (Distributed)
Dec 20 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019	DISTRIBUTED for Conference of 1/11/2019.
Jan 11 2019	Petition GRANTED.
Feb 11 2019	SET FOR ARGUMENT on Wednesday, April 24, 2019
Feb 20 2019	Joint appendix filed.
Feb 20 2019	Brief of petitioner Jamar Quarles filed.
Feb 27 2019	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 27 2019	Brief amici curiae of Federal Public Defenders for the Northern, Western, and Southern Districts of Texas filed.
Mar 20 2019	CIRCULATED
Mar 20 2019	Record requested from the U.S.C.A. 6th Circuit.
Mar 20 2019	Record received from the U.S.C.A. 6th Circuit is electronic.
Mar 22 2019	Brief of respondent United States filed. (Distributed)
Apr 15 2019	Reply of petitioner Jamar Quarles filed. (Distributed)

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This Week at the Court
The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions 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
- Lamps Plus Inc. v. Varela Under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
see all this term’s cases »
Current Relists
- 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.
- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
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Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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	1 Orders Opinions	2	3	4	5	6
7	8	9	10	11	12 Conference	13
14	15 Orders IANCU V. BRUNETTI (18-302) EMULEX CORP. V. VARJABEDIAN (18-459)	16 PARKER DRILLING MANAGEMENT SERVICES V. NEWTON (18-389) NORTH CAROLINA DEPARTMENT OF REVENUE V. KAESTNER FAMILY TRUST (18-457)	17 UNITED STATES V. DAVIS (18-431) MCDONOUGH V. SMITH (18-485)	18 Conference	19	20
21	22 Orders FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA (18-481) FORT BEND COUNTY, TEXAS V. DAVIS (18-525)	23 MITCHELL V. WISCONSIN (18-6210) REHAIF V. UNITED STATES (17-9560) DEPARTMENT OF COMMERCE V. NEW YORK (18-966) Opinions	24 QUARLES V. UNITED STATES (17-778) TAGGART V. LORENZEN (18-489) Opinions	25	26 Conference	27
28	29 Orders	30

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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

Quarles v. United States

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