United States v. Castleman

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United States v. Castleman

Court will review census citizenship dispute this term – Amy Howe

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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
12-1371	6th Cir.	Jan 15, 2014 Tr.Aud.	Mar 26, 2014	9-0	Sotomayor	OT 2013

Holding: Castleman's state conviction for misdemeanor domestic assault qualifies as a "misdemeanor crime of domestic violence" for purposes of possessing a firearm under 18 U.S.C. § 922(g)(9).

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on March 26, 2014. Justice Scalia filed an opinion concurring in part and concurring in the judgment. Justice Alito filed an opinion concurring in the judgment, in which Justice Thomas joined.

Date	Proceedings and Orders (key to color coding)
Mar 8 2013	Application (12A882) to extend the time to file a petition for a writ of certiorari from March 19, 2013 to April 18, 2013, submitted to Justice Kagan.
Mar 11 2013	Application (12A882) granted by Justice Kagan extending the time to file until April 18, 2013.
Apr 5 2013	Application (12A882) to extend further the time from April 18, 2013 to May 18, 2013, submitted to Justice Kagan.
Apr 5 2013	Application (12A882) granted by Justice Kagan extending the time to file until May 18, 2013.
May 17 2013	Petition for a writ of certiorari filed. (Response due June 19, 2013)
Jun 12 2013	Order extending time to file response to petition to and including July 19, 2013.
Jul 11 2013	Order further extending time to file response to petition to and including August 19, 2013.
Aug 19 2013	Brief of respondent James Alvin Castleman in opposition filed.
Sep 4 2013	DISTRIBUTED for Conference of September 30, 2013.
Sep 4 2013	Reply of petitioner United States filed. (Distributed)
Oct 1 2013	Petition GRANTED.
Nov 4 2013	SET FOR ARGUMENT ON Wednesday, January 15, 2014.
Nov 15 2013	Record from the U.S.C.A. 6th Circuit is electronic (Not on PACER).
Nov 15 2013	Joint appendix filed. (Statement of costs filed.)
Nov 15 2013	Brief of petitioner United States filed.
Nov 19 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 20 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 21 2013	CIRCULATED.
Nov 22 2013	Brief amicus curiae of Mayors Against Illegal Guns filed. (Distributed)
Nov 22 2013	Brief amicus curiae of New York State Association of Chiefs of Police filed. (Distributed)
Nov 22 2013	Brief amici curiae of Children's Defense Fund and the American Academy of Pediatrics filed. (Distributed)
Nov 22 2013	Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed. (Distributed)
Nov 22 2013	Brief amici curiae of National Network to End Domestic Violence, et al. filed.
Nov 22 2013	Brief amici curiae of Major Cities Chiefs Association, et al. filed. (Distributed)
Dec 16 2013	Brief of respondent James Alvin Castleman filed. (Distributed)
Dec 16 2013	Proposal to lodge copies of non-record material in other cases cited in respondent's brief on the merits from counsel for respondent.
Dec 23 2013	Brief amici curiae of Gun Owners Foundation, et al. filed.
Dec 23 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 23 2013	Brief amici curiae of ASISTA Immigration Assistance, et al. filed. (Distributed)
Dec 24 2013	Record received from U.S.D.C. Western District of Tennessee (Memphis) (1 Box).
Jan 8 2014	Reply of petitioner United States filed. (Distributed)
Jan 15 2014	Lodging proposal of respondent approved by Clerk. Lodging submitted and distributed.
Jan 15 2014	Argued. For petitioner: Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Charles A. Rothfeld, Washington, D. C.
Mar 26 2014	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Scalia, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined.
Apr 28 2014	JUDGMENT ISSUED.
Aug 1 2014	Record returned for U.S.D.C. Western District of Tennessee.

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear 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
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
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.
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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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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	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73