Reed v. Town of Gilbert, Arizona

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Reed v. Town of Gilbert, Arizona

Opinion analysis: Divided court throws out additional jail time for sex offender – Amy Howe

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

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Conference of June 27, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-502	9th Cir.	Jan 12, 2015 Tr.Aud.	Jun 18, 2015	9-0	Thomas	OT 2014

Holding: The provisions of a municipality’s sign code that impose more stringent restrictions on signs directing the public to the meeting of a non-profit group than on signs conveying other messages are content-based regulations of speech that cannot survive strict scrutiny.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 18, 2015. Justice Alito filed a concurring opinion in which Justices Kennedy and Sotomayor joined. Justice Breyer filed an opinion concurring in the judgment. Justice Kagan filed an opinion concurring in the judgment, in which Justices Ginsburg and Breyer joined.

A “view” from the Courtroom: A bonus day for opinions (Mark Walsh)
Opinion analysis: The message determines the right (Lyle Denniston)
Argument analysis: If a law turns out to be "silly" . . . (Lyle Denniston)
Argument preview: Pointing the way on signs (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Oct 21 2013	Petition for a writ of certiorari filed. (Response due November 20, 2013)
Oct 31 2013	Waiver of right of respondents Town of Gilbert, Arizona, et al. to respond filed.
Nov 19 2013	Motion for leave to file amici brief filed by Professors Ashutosh Bhagwat, et al.
Nov 26 2013	DISTRIBUTED for Conference of December 13, 2013.
Nov 26 2013	Response Requested . (Due December 26, 2013)
Dec 14 2013	Order extending time to file response to petition to and including February 24, 2014.
Feb 19 2014	Brief of respondents Town of Gilbert, Arizona, and Adam Adams in opposition filed.
Mar 5 2014	DISTRIBUTED for Conference of March 21, 2014.
Mar 5 2014	Reply of petitioners Clyde Reed, et al. filed. (Distributed)
Jun 30 2014	DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014	Motion for leave to file amici brief filed by Professors Ashutosh Bhagwat, et al. GRANTED.
Jul 1 2014	Petition GRANTED.
Jul 9 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 18 2014	The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 15, 2014.
Aug 1 2014	The time to file respondents' brief on the merits is extended to and including October 31, 2014.
Sep 2 2014	The time to file respondents' brief on the merits is further extended to and including November 14, 2014.
Sep 15 2014	Joint appendix filed. (Statement of costs filed.)
Sep 15 2014	Brief of petitioners Clyde Reed, et al. filed.
Sep 22 2014	Brief amicus curiae of the United States filed.
Sep 22 2014	Brief amicus curiae of General Conference of Seventh-Day Adventists filed.
Sep 22 2014	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 22 2014	Brief amicus curiae of Justice and Freedom Fund filed.
Sep 22 2014	Brief amici curiae of Christian Legal Society, et al. filed.
Sep 22 2014	Brief amici curiae of Robert Wilson, et al. filed.
Sep 22 2014	Brief amici curiae of State of West Virginia, et al. filed.
Sep 22 2014	Brief amicus curiae of Pacific Legal Foundation filed.
Sep 22 2014	Brief amicus curiae of Family Research Council filed.
Sep 22 2014	Brief amici curiae of Liberty Counsel and National Hispanic Christian Leadership Council filed.
Sep 22 2014	Brief amicus curiae of Christian Life Commission of the Missouri Baptist Convention filed.
Sep 22 2014	Brief amicus curiae of The American Center for Law and Justice filed.
Oct 9 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 14 2014	Brief of respondents Town of Gilbert, Arizona, et al. filed.
Nov 21 2014	SET FOR ARGUMENT ON Monday, January 12, 2015.
Nov 21 2014	Brief amici curiae of National League of Cities, et al., filed.
Dec 2 2014	CIRCULATED.
Dec 2 2014	Record requested from U.S.C.A. 9th Circuit.
Dec 2 2014	Record received from U.S.C.A. 9th Circuit, the record is electronic and located on PACER.
Dec 2 2014	Record received from U.S.D.C. District of Arizona, the record is electronic and located on PACER.
Dec 15 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 15 2014	Reply of petitioners Clyde Reed, et al. filed. (Distributed)
Jan 12 2015	Argued. For petitioners: David A. Cortman, Lawrenceville, Ga. For United States as amicus curiae: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Philip W. Savrin, Atlanta, Ga.
Mar 3 2015	Letter from counsel for the petitioners filed. (Distributed)
Jun 18 2015	Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Sotomayor, JJ., joined. Alito, J., filed a concurring opinion, in which Kennedy and Sotomayor, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Kagan, J., filed an opinion concurring in the judgment, in which Ginsburg and Breyer, JJ., joined.
Jul 20 2015	JUDGMENT ISSUED.

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Opinion analysis: Divided court throws out additional jail time for sex offender – Amy Howe

Challengers urge justices not to decide racial-discrimination claim in census case – Amy Howe

Relist Watch – John Elwood
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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
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
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- 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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Espinoza v. Montana Department of Revenue Whether it violates the religion clauses or the equal protection clause of the United States Constitution to invalidate a generally available and religiously neutral student-aid program simply because the program affords students the choice of attending religious schools.
More Petitions »
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Cases argued 69

Cases decided 66

Summary reversals 5

Merits cases granted to date 74

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	66
Summary reversals	5
Merits cases granted to date	74

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