Rucho v. Common Cause

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Rucho v. Common Cause

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)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-422	M.D.N.C.	Mar 26, 2019	TBD	TBD	TBD	OT 2018

Issues: (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.

Symposium: Clarity of the record should bring clarity of purpose (Justin Levitt)
Symposium: 1 First Street, NE, Punxsutawney, PA (Tyler Green)
Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases (Guy-Uriel E. Charles and Luis E. Fuentes-Rohwer)
Symposium: Much ado about partisan gerrymandering (Kaylan Phillips)
Symposium: How to win the partisan-gerrymandering cases (Daniel Tokaji)
Symposium: Why not continue the political struggle in partisan-gerrymandering cases? (Derek Muller)
Justices to tackle partisan gerrymandering ... again: In Plain English (Amy Howe)
Supreme Court to tackle partisan gerrymandering again (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Oct 01 2018	Statement as to jurisdiction filed. (Response due November 2, 2018)
Oct 23 2018	Blanket Consent filed by Respondents, Common Cause, et al..
Oct 30 2018	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Oct 31 2018	Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.
Nov 01 2018	Brief amicus curiae of Philip P. Kalodner filed.
Nov 02 2018	Motion to affirm filed by appellees Common Cause, et al.
Nov 05 2018	Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..
Nov 08 2018	Supplemental brief of appellees Common Cause, et al. filed.
Nov 20 2018	DISTRIBUTED for Conference of 12/7/2018.
Nov 20 2018	Brief opposing motion to affirm from appellants Robert A. Rucho, et al. filed. (Distributed)
Dec 10 2018	Rescheduled.
Dec 19 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 04 2019	Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session.
Jan 08 2019	Appellants' briefs on the merits are to be filed on or before Friday, February 8, 2019. Appellees' briefs on the merits are to be filed on or before Monday, March 4, 2019. Reply briefs on the merits are to be filed in accordance with Rule 25.3 of the Rules of this Court. Amicus curiae briefs in support of appellants or in support of neither party are to be filed on or before Tuesday, February 12, 2019. Amicus curiae briefs in support of appellees are to be filed on or before Friday, March 8, 2019.
Jan 25 2019	SET FOR ARGUMENT on Tuesday, March 26, 2019
Jan 30 2019	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Feb 05 2019	Blanket Consent filed by Respondents, Common Cause, et al..
Feb 05 2019	Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.
Feb 05 2019	Motion for divided argument filed by appellees Common Cause, et al.
Feb 08 2019	Joint appendix (2 volumes) filed.
Feb 08 2019	Brief of appellants Robert A. Rucho, et al. filed.
Feb 11 2019	Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).
Feb 11 2019	Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)
Feb 12 2019	Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed.
Feb 12 2019	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
Feb 12 2019	Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)
Feb 12 2019	Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)
Feb 12 2019	Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)
Feb 12 2019	Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
Feb 14 2019	CIRCULATED
Feb 15 2019	Amicus brief of States of Texas, Alabama, Arkansas, Georgia, Indiana, Louisiana, Ohio, Oklahoma, South Carolina, and Utah submitted.

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Court will review census citizenship dispute this term – Amy Howe

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This Week at the Court
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.
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Cases argued 43

Cases decided 10

Summary reversals 2

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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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