United States v. Sanchez-Gomez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-312	9th Cir.	Mar 26, 2018 Tr.Aud.	May 14, 2018	9-0	Roberts	OT 2017

Holding: The defendants’ appeals challenging the use of full restraints during nonjury pretrial proceedings became moot when their underlying criminal cases came to an end before the U.S. Court of Appeals for the 9th Circuit could render its decision.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on May 14, 2018.

SCOTUSblog Coverage

OT2017 #25: "The Way The Chief Loves Mootness" (First Mondays)
Opinion analysis: Constitutional challenge to shackling policy becomes moot when criminal prosecutions terminate (Howard M. Wasserman)
Argument analysis: “Bound and gagged in body armor, hung upside down” -- considering reviewability of shackling decisions (Howard M. Wasserman)
A “view” from the courtroom: Judicial restraint (Mark Walsh)
Argument preview: Appealability, mandamus and mootness in the shadow of restraints on criminal defendants (Howard M. Wasserman)
Justices release March calendar (Amy Howe)
Court adds seven new cases to merits docket (Amy Howe)
Petition of the day (Aurora Barnes)

Date	Proceedings and Orders (key to color coding)
Aug 29 2017	Petition for a writ of certiorari filed. (Response due September 28, 2017)
Sep 19 2017	Order extending time to file response to petition to and including November 13, 2017, for all respondents.
Sep 28 2017	Brief amici curiae of Senator Jeff Flake, et al. filed.
Sep 28 2017	Brief amicus curiae of California State Sheriffs' Association filed.
Nov 13 2017	Brief of respondents Moises Patricio-Guzman, et al. in opposition filed.
Nov 13 2017	Motion for leave to proceed in forma pauperis filed by respondent Moises Patricio-Guzman
Nov 13 2017	Motion for leave to proceed in forma pauperis filed by respondent Rene Sanchez-Gomez
Nov 13 2017	Motion for leave to proceed in forma pauperis filed by respondent Jasmin Isabel Morales
Nov 13 2017	Motion for leave to proceed in forma pauperis filed by respondent Mark William Ring
Nov 20 2017	DISTRIBUTED for Conference of 12/8/2017.
Nov 21 2017	Reply of petitioner United States filed. (Distributed)
Dec 08 2017	Motion for leave to proceed in forma pauperis filed by respondents GRANTED.
Dec 08 2017	Petition GRANTED limited to Question 1 presented by the petition.
Jan 22 2018	Brief of petitioner United States filed.
Jan 22 2018	Joint appendix filed.
Jan 24 2018	SET FOR ARGUMENT ON Monday, March 26, 2018
Feb 07 2018	CIRCULATED
Feb 21 2018	Record requested from the U.S.C.A. 9th Circuit.
Feb 21 2018	Brief of respondents Moises Patricio-Guzman, et al. filed. (Distributed)
Feb 28 2018	Brief amici curiae of Former Judges, Former Prosecutors, Former Government Officials, Law Professors, and Social Scientists filed. (Distributed)
Feb 28 2018	Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Mar 14 2018	Reply of petitioner United States filed. (Distributed)
Mar 23 2018	Motion for appointment of counsel filed by respondent Rene Sanchez-Gomez.
Mar 26 2018	Argued. For petitioner: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Reuben C. Cahn, San Diego, Cal.
Apr 11 2018	DISTRIBUTED for Conference of 4/27/2018.
Apr 30 2018	Motion to appoint counsel filed by respondent GRANTED, and Ellis M. Johnston, III, Esquire, of San Diego, California, is appointed to serve as counsel for respondent Rene Sanchez-Gomez in this case.
May 14 2018	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Jun 15 2018	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 meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- 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.
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- 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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- 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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  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.
- 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.
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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

United States v. Sanchez-Gomez

SCOTUSblog Coverage

Featured Posts

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

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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