Sturgeon v. Frost

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Sturgeon v. Frost

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-949	9th Cir.	Nov 5, 2018 Tr.Aud.	Mar 26, 2019	9-0	Kagan	OT 2018

Holding: Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kagan on March 26, 2019. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.

Opinion analysis: The justices wish Sturgeon “good hunting” in Sturgeon v. Frost (Sandi Zellmer)
Argument analysis: Yukon-Charley continues to commandeer gray cells (Sandi Zellmer)
Argument preview: Can a hovercraft navigate the shoals of Yukon-Charley? (Sandi Zellmer)
Five new grants, one CVSG, but no Arlene’s Flowers (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jan 02 2018	Petition for a writ of certiorari filed. (Response due February 5, 2018)
Feb 05 2018	Motion to extend the time to file a response from February 5, 2018 to March 7, 2018, submitted to The Clerk.
Feb 05 2018	Brief amicus curiae of State of Alaska filed.
Feb 05 2018	Brief amicus curiae of Citizens Equal Rights Foundation filed.
Feb 05 2018	Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (February 09, 2018)
Feb 06 2018	Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2018.
Feb 28 2018	Motion to extend the time to file a response from March 7, 2018 to April 6, 2018, submitted to The Clerk.
Mar 01 2018	Motion to extend the time to file a response is granted and the time is further extended to and including April 6, 2018.
Apr 02 2018	Motion to extend the time to file a response from April 6, 2018 to May 7, 2018, submitted to The Clerk.
Apr 03 2018	Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018
May 07 2018	Brief of respondents Bert Frost, et al. in opposition filed.
May 21 2018	Reply of petitioner John Sturgeon filed.
May 22 2018	DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018	Petition GRANTED.
Jul 18 2018	Motion for an extension of time to file the opening briefs on the merits filed.
Jul 31 2018	Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2018. The time to file respondents brief on the merits is extended to and including September 11, 2018.
Aug 02 2018	Blanket Consent filed by Petitioner, John Sturgeon
Aug 06 2018	Motion to dispense with printing the joint appendix filed by petitioner John Sturgeon.
Aug 07 2018	Brief of petitioner John Sturgeon filed.
Aug 09 2018	Brief amicus curiae of State of Idaho, et al. filed.
Aug 14 2018	Brief amicus curiae of Safari Club International filed.
Aug 14 2018	Brief amicus curiae of Ahtna, Inc. in support of neither party filed.
Aug 14 2018	Brief amicus curiae of State of Alaska filed.
Aug 14 2018	Brief amicus curiae of Pacific Legal Foundation filed.
Aug 14 2018	Brief amici curiae of Citizens Equal Rights Foundation and Central New York Fair Business Association filed.
Aug 20 2018	SET FOR ARGUMENT on Monday, November 5, 2018
Sep 06 2018	Motion of State of Alaska for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 10 2018	Record requested from the U.S.C.A. 9th Circuit.
Sep 11 2018	Brief of respondents Bert Frost, et al. filed. (Distributed)
Sep 12 2018	CIRCULATED
Sep 17 2018	Brief amici curiae of Law Professors filed. (Distributed)
Sep 18 2018	Brief amici curiae of National Parks Conservation Association, et al. filed. (Distributed)
Sep 18 2018	Brief amici curiae of Alaska Native Subsistence Users filed. (Distributed)
Sep 19 2018	Record received from the U.S.D.C. District of Alaska is electronic and located on PACER with the exception of 1 envelope of Clerk's Files.
Oct 01 2018	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 09 2018	Motion of State of Alaska for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 11 2018	Reply of petitioner John Sturgeon filed. (Distributed)
Nov 05 2018	Argued. For petitioner: Matthew T. Findley, Anchorage, Alaska; and Ruth Botstein, Assistant Attorney General, Anchorage, Alaska (for Alaska, as amicus curiae.) For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 26 2019	Judgment REVERSED and REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined.

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 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
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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