|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-99||11th Cir.||Nov 13, 2013||Dec 10, 2013||TBD||Per Curiam||OT 2013|
Issue: Whether an employer and union may violate Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, by entering into an agreement under which the employer exercises its freedom of speech by promising to remain neutral to union organizing, its property rights by granting union representatives limited access to the employer’s property and employees, and its freedom of contract by obtaining the union’s promise to forego its rights to picket, boycott, or otherwise put pressure on the employer’s business.
Judgment: Dismissed as improvidently granted in a per curiam opinion on December 10, 2013. Justice Breyer wrote a dissenting opinion, in which Justice Sotomayor and Kagan joined.
|Date||Proceedings and Orders |
|Jul 20 2012||Petition for a writ of certiorari filed. (Response due August 23, 2012)|
|Aug 22 2012||Brief of respondent Martin Mulhall in support filed.|
|Sep 5 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Oct 10 2012||DISTRIBUTED for Conference of October 26, 2012.|
|Oct 31 2012||Response Requested . (Due November 30, 2012)|
|Nov 20 2012||Brief of respondent Hollywood Greyhound Track, Inc.d/b/a/ Mardi Gras Gaming in opposition filed. VIDED.|
|Nov 21 2012||Response to conditional cross - petition from respondent Unite Here Local 355 filed. VIDED.|
|Nov 30 2012||Reply of cross-petitioner Martin Mulhall filed. VIDED.|
|Dec 4 2012||Reply of petitioner Unite Here Local 355 filed. VIDED.|
|Dec 5 2012||DISTRIBUTED for Conference of January 4, 2013.|
|Jan 7 2013||DISTRIBUTED for Conference of January 11, 2013.|
|Jan 14 2013||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 24 2013||Brief amicus curiae of United States filed. VIDED.|
|Jun 3 2013||Supplemental brief of Martin Mulhall in response to brief amicius curiae of the United States filed. (Distributed) VIDED.|
|Jun 3 2013||Reply of petitioner Unite Here Local 355 to brief for United States as amicus curiae filed. VIDED. (Distributed)|
|Jun 4 2013||DISTRIBUTED for Conference of June 20, 2013.|
|Jun 24 2013||Petition GRANTED.|
|Jul 12 2013||The time to file the joint appendix and petitioners' brief on the merits in the above-entitled case is extended to and including August 15, 2013.|
|Jul 12 2013||The time to file respondents' briefs on the merits is extended to and including September 20, 2013.|
|Jul 24 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Hollywood Greyhound Track, Inc.|
|Jul 24 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Martin Mulhall.|
|Aug 13 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.|
|Aug 15 2013||Joint appendix filed.|
|Aug 15 2013||Brief of petitioner Unite Here Local 355 filed.|
|Aug 20 2013||SET FOR ARGUMENT on Wednesday, November 13, 2013.|
|Aug 20 2013||Brief amicus curiae of National Academy of Arbitrators filed.|
|Aug 22 2013||Brief amicus curiae of United States filed.|
|Aug 22 2013||Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)|
|Aug 26 2013||CIRCULATED.|
|Sep 16 2013||Record received from U.S.C.A. for 11th Circuit. (1 envelope)|
|Sep 17 2013||Record received from U.S.D.C. for Southern District of Florida. (1 box)|
|Sep 20 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 20 2013||Brief of respondent Martin Mulhall filed. (Distributed)|
|Sep 20 2013||Brief of respondent Hollywood Greyhound Track, Inc. filed. (Distributed)|
|Sep 27 2013||Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)|
|Sep 27 2013||Brief amicus curiae of Council on Labor Law Equality filed. (Distributed)|
|Sep 27 2013||Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)|
|Oct 18 2013||Reply of petitioner Unite Here Local 355 filed. (Distributed)|
|Oct 21 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 13 2013||Argued. For petitioner: Richard G. McCracken, San Francisco, Cal.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) for respondents: William L. Messenger, Springfield, Va.|
|Dec 10 2013||Writ of certiorari DISMISSED as improvidently granted. Breyer, J., with whom Sotomayor and Kagan, JJ., join, dissenting. Opinion per curiam.|
|Jan 13 2014||JUDGMENT ISSUED.|
|Jan 15 2014||Record from U.S.D.C. Southern District of Florida has been returned.|
|Jan 15 2014||Record from U.S.C.A. 11th Circuit has been returned.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).