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 orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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- 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.
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  (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.
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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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Current Relists
- 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.
- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
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United States v. June

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