United States v. June

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United States v. Wong

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1075	9th Cir.	Dec 10, 2014 Tr.Aud.	Apr 22, 2015	5-4	Kagan	OT 2014

Holding: The time limits of the Federal Tort Claims Act, which provides that a tort claim against the United States "shall be forever barred" unless it is presented to the appropriate federal agency for administrative review within two years after the claim accrues and, if it is denied, the claimant files suit in federal court within six months of the denial, are subject to equitable tolling.

Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on April 22, 2015. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts, and Justices Scalia and Thomas, joined.

SCOTUSblog Coverage

Opinion analysis: Clear statements, sovereign immunity, and timeliness (Howard M. Wasserman)
Argument analysis: A living Federal Tort Claims Act? (Howard M. Wasserman)
Argument preview: Jurisdictionality, timeliness, and the Federal Tort Claims Act (Howard M. Wasserman)

Date	Proceedings and Orders (key to color coding)
Mar 7 2014	Petition for a writ of certiorari filed. (Response due April 7, 2014)
Mar 28 2014	Order extending time to file response to petition to and including May 7, 2014.
May 7 2014	Brief of respondent Marlene June, Conservator in opposition filed.
May 27 2014	DISTRIBUTED for Conference of June 12, 2014.
May 29 2014	Reply of petitioner United States filed. VIDED. (Distributed)
Jun 16 2014	DISTRIBUTED for Conference of June 19, 2014.
Jun 23 2014	DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014	Petition GRANTED.
Jul 23 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014.
Jul 23 2014	The time to file respondent's brief on the merits is extended to and including November 4, 2014.
Sep 4 2014	SET FOR ARGUMENT on Wednesday, December 10, 2014.
Sep 9 2014	Joint appendix filed. (Statement of costs filed.)
Sep 9 2014	Brief of petitioner United States filed.
Sep 22 2014	Record requested from U.S.C.A. 9th Circuit.
Sep 24 2014	Record received from U.S.C.A. 9th Ciricuit is electronic and located on PACER.
Nov 4 2014	Brief of respondent Marlene June, Conservator filed.
Nov 7 2014	CIRCULATED.
Nov 10 2014	Brief amicus curiae of Gregory C. Sisk filed. VIDED. (Distributed)
Nov 10 2014	Brief amici curiae of National Center for Law and Economic Justice, et al. filed. (Distributed)
Nov 10 2014	Brief amicus curiae of Arizona Association for Justice/Arizona Trial Lawyers Association filed. (Distributed)
Nov 12 2014	Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Nov 12 2014	Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed)
Nov 12 2014	Brief amicus curiae of Clinic for Legal Assistance to Servicemembers and Veterans filed. (Distributed)
Nov 12 2014	Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)
Dec 3 2014	Reply of petitioner United States filed.
Dec 10 2014	Argued. For petitioner: Elizabeth Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.
Apr 22 2015	Judgment is AFFIRMED and CASE REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Thomas, JJ., joined. (Opinion also for No. 13-1074)
May 26 2015	JUDGMENT ISSUED.

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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 met for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
Recent Decisions
- 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.
- City of Escondido, California v. Emmons The U.S. Court of Appeals for the 9th Circuit failed to conduct the analysis required by Supreme Court precedents in determining whether two Escondido police officers were entitled to qualified immunity.
- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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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.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
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.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., 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—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- 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.
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Merits cases granted to date 73

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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

Editor's Note :

United States v. June

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Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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

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