Sturgeon v. Frost

Sturgeon v. Frost

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel

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Conference of February 15, 2019

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Holiday

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)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1209	9th Cir.	Jan 20, 2016 Tr.Aud.	Mar 22, 2016	8-0	Roberts	OT 2015

Holding: The Ninth Circuit's interpretation of Section 103(c) of the Alaska National Interest Lands Conservation Act, which addresses the scope of the National Park Service’s authority over lands within the boundaries of conservation system units in Alaska, to ban hovercrafts on state-owned waters flowing through federally managed preservation areas, is inconsistent with both the act’s text and context.

Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on March 22, 2016.

Opinion analysis: A rebuke of the Ninth Circuit, and nothing more (Todd Henderson)
Argument analysis: Are rivers an important part of the national parks? (Todd Henderson)
Argument preview: A broken-down hovercraft tees up federal land-management policies in the West for the Supreme Court (Todd Henderson)

Date	Proceedings and Orders (key to color coding)
Feb 18 2015	Application (14A862) to extend the time to file a petition for a writ of certiorari from March 16, 2015 to April 30, 2015, submitted to Justice Kennedy.
Feb 20 2015	Application (14A862) granted by Justice Kennedy extending the time to file until March 31, 2015.
Mar 31 2015	Petition for a writ of certiorari filed. (Response due May 4, 2015)
Apr 6 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received form counsel for petitioner.
Apr 29 2015	Brief amici curiae of Ahtna Incorporated, et al. filed.
Apr 30 2015	Order extending time to file response to petition to and including June 3, 2015.
May 4 2015	Brief amicus curiae of Artic Slope Regional Corporation
May 4 2015	Brief amicus curiae of Safari Club International filed.
May 4 2015	Brief amicus curiae of Alaska filed.
Jun 3 2015	Order further extending time to file response to petition to and including July 6, 2015.
Jul 1 2015	Order further extending time to file response to petition to and including August 5, 2015.
Aug 5 2015	Brief of respondents Sue Masica, in Her Official Capacity as Alaska Regional Director of the National Park Service, et al. in opposition filed.
Aug 19 2015	DISTRIBUTED for Conference of September 28, 2015.
Aug 21 2015	Reply of petitioner John Sturgeon filed. (Distributed)
Oct 1 2015	Petition GRANTED.
Oct 22 2015	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 13 2015	Motion to dispense with printing the joint appendix filed by petitioner John Sturgeon.
Nov 16 2015	Brief of petitioner John Sturgeon filed.
Nov 20 2015	Brief amicus curiae of Pacific Legal Foundation filed.
Nov 20 2015	Motion of Alaska for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 23 2015	Brief amici curiae of United States Senators Sullivan and Murkowski, and Representative Young filed.
Nov 23 2015	Brief amici curiae of Doyon, et al. filed.
Nov 23 2015	Brief amicus curiae of Safari Club International filed.
Nov 23 2015	Brief amicus curiae of Southeastern Legal Foundation filed.
Nov 23 2015	Brief amicus curiae of Alaska filed.
Nov 23 2015	Brief amici curiae of Arctic Slope Regional Corporation, et al. filed.
Nov 23 2015	Brief amici curiae of Alaska Miners Association, Inc., et al. filed.
Nov 24 2015	SET FOR ARGUMENT on Wednesday, January 20, 2016
Dec 4 2015	Record requested from U.S.C.A. 9th Circuit.
Dec 14 2015	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 14 2015	Motion of Alaska for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 15 2015	CIRCULATED.
Dec 15 2015	Record received from the U.S.D.C. Dist. of Alaska. 1 Envelope.
Dec 16 2015	Brief of respondents Bert Frost, in His Official Capacity as Alaska Regional Director of the National Park Service, et al. filed. (Distributed)
Dec 23 2015	Brief amici curiae of National Parks Conservation Association, et al. filed. (Distributed)
Dec 23 2015	Brief amici curiae of Alaska Native Subsistence Users filed. (Distributed)
Jan 13 2016	Reply of petitioner John Sturgeon filed. (Distributed)
Jan 20 2016	Argued. For petitioner: Matthew T. Findley, Anchorage, Alaska; and Ruth Botstein, Assistant Attorney General, Anchorage, Alaska (for Alaska, as amicus curiae). For respondents: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 22 2016	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Apr 25 2016	JUDGMENT ISSUED

Featured Posts

Argument preview: Justices to hear oral argument on additional time for sex offenders who violate terms of supervised release – Amy Howe

Argument analysis: Meandering argument suggests justices likely to narrow bankrupts’ power to rescind licenses in bankruptcy – Ronald Mann

Opinion analysis: A win for one taxpayer, but not many more – Daniel Hemel
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
On Wednesday the justices released their opinions in Dawson v. Steager and Timbs v. Indiana.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices heard 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
- Dawson v. Steager By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.
- Timbs v. Indiana The Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause.
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
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.
More Petitions »
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Cases argued 45

Cases decided 13

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

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	45
Cases decided	13
Summary reversals	3
Merits cases granted to date	74