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Sturgeon v. Frost

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-949	9th Cir.	Nov 5, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over state, native corporation and private land physically located within the boundaries of the national park system in Alaska.

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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	Brief amicus curiae of State of Alaska filed.
Feb 05 2018	Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (February 09, 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 Citizens Equal Rights Foundation filed.
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 Pacific Legal Foundation filed.
Aug 14 2018	Brief amicus curiae of State of Alaska 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 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.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- 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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  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.
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  (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.
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Merits cases granted to date 73

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Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Sturgeon v. Frost

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Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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