Salman v. United States

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Salman v. United States

Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-628	9th Cir.	Oct 5, 2016 Tr.Aud.	Dec 6, 2016	8-0	Alito	OT 2016

Holding: The U.S. Court of Appeals for the 9th Circuit properly applied the court's decision in Dirks v. Securities and Exchange Commission to affirm Bassam Salman's conviction because, under Dirks, the jury could infer that Salman's tipper personally benefited from making a gift of confidential information to a trading relative.

Judgment: Affirmed, 8-0, in an opinion by Justice Alito on December 6, 2016.

Opinion analysis: Court upholds “friends and family” insider-trading conviction (Amy Howe)
Argument analysis: The “friends and family” solution for insider trading (Amy Howe)
Argument preview: Justices to consider what constitutes a “personal benefit” in insider trading (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Nov 10 2015	Petition for a writ of certiorari filed. (Response due December 14, 2015)
Dec 14 2015	Brief of respondent United States in opposition filed.
Dec 21 2015	Reply of petitioner Bassam Yacoub Salman filed.
Dec 30 2015	DISTRIBUTED for Conference of January 15, 2016.
Jan 19 2016	Petition GRANTED limited to Question 1 presented by the petition.
Feb 09 2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 6, 2016.
Feb 09 2016	The time to file respondent's brief on the merits is extended to and including August 1, 2016.
Apr 27 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
May 06 2016	Joint appendix filed. (Statement of costs filed)
May 06 2016	Brief of petitioner Bassam Y. Salman filed.
May 13 2016	Brief amicus curiae of The NYU Center on the Administration of Criminal Law in support of neither party filed.
May 13 2016	Brief amicus curiae of Securities Industry and Financial Markets Association in support of neither party filed.
May 13 2016	Brief amici curiae of National Association of Criminal Defense Lawyers, and the New York Council of Defense Lawyers filed.
May 13 2016	Brief amicus curiae of Mark Cuban filed.
May 13 2016	Brief amicus curiae of Daryl M. Payton filed.
May 13 2016	Brief amicus curiae of Cato Institute filed.
Jul 13 2016	SET FOR ARGUMENT on Wednesday, October 5, 2016.
Jul 22 2016	Record requested from U.S.C.A. 9th Circuit.
Jul 23 2016	Record received from U.S.C.A. 9th Circuit is electronic and located on PACAER.
Jul 23 2016	Record received from U.S.D.C. of California Northern District of San Francisco is electronic. This record is SEALED.
Jul 28 2016	Record received from U.S.D.C. Northern District of California, this record is SEALED. 1 Box.
Aug 01 2016	Brief of respondent United States filed.
Aug 08 2016	Brief amicus curiae of Richard D. Freer filed. (Distributed)
Aug 08 2016	Brief amicus curiae of Occupy the SEC (OSEC) filed. (Distributed)
Aug 09 2016	CIRCULATED
Aug 31 2016	Reply of petitioner Bassam Yacoub Salman filed. (Distributed)
Oct 05 2016	Argued. For petitioner: Alexandra A. E. Shapiro, New York, N. Y. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Dec 06 2016	Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
Jan 09 2017	JUDGMENT ISSUED.

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Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood
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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.
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- 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 »
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- 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.
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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