United States v. Wurie

Editor's Note :

United States v. Wurie

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-212	1st Cir.	Apr 29, 2014 Tr.	Jun 25, 2014	9-0	Roberts	OT 2013

Holding: The police generally may not, without a warrant, search digital information on a cellphone seized from an individual who has been arrested.

Judgment: Affirmed, 9-0, in an opinion by Chief Justice Roberts on June 25, 2014. Justice Alito filed an opinion concurring in part and concurring in the judgment.

Symposium: In Riley v. California, a unanimous Supreme Court sets out Fourth Amendment for digital age (Marc Rotenberg and Alan Butler)
Symposium: A whole lot of Wurie: Information acquisition and the Fourth Amendment (Anthony Barkow Eric Del Pozo)
Get a warrant! Today's cellphone privacy decision in Plain English (Amy Howe)
Opinion analysis: Broad cloak of privacy for cellphones (Lyle Denniston)
A whole new world: Today’s oral arguments in Plain English (Amy Howe)
Argument analysis: Limiting a search? Sure, but how? (Lyle Denniston)
SCOTUS for law students (sponsored by Bloomberg Law): Searching cellphones (Stephen Wermiel)
Argument preview: Police and cellphone privacy (Lyle Denniston)
Court to rule on cellphone privacy (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Aug 15 2013	Petition for a writ of certiorari filed. (Response due September 16, 2013)
Sep 6 2013	Order extending time to file response to petition to and including October 16, 2013.
Oct 8 2013	Order further extending time to file response to petition to and including November 15, 2013.
Nov 15 2013	Brief of respondent Brima Wurie in opposition filed.
Nov 15 2013	Motion for leave to proceed in forma pauperis filed by respondent Brima Wurie.
Nov 20 2013	DISTRIBUTED for Conference of December 6, 2013.
Nov 20 2013	Reply of petitioner United States filed. (Distributed)
Dec 31 2013	DISTRIBUTED for Conference of January 17, 2014.
Jan 17 2014	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 17 2014	Petition GRANTED.
Feb 11 2014	SET FOR ARGUMENT ON Tuesday, April 29, 2014
Feb 21 2014	Record received from U.S.C.A. 1st Circuit, (1 envelope) part of this record is SEALED. All other filings of this record is available electronically through PACER.
Mar 3 2014	Joint appendix filed.
Mar 3 2014	Brief of petitioner United States filed.
Mar 5 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the respondent.
Mar 6 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Mar 7 2014	Brief amici curiae of Criminal Law Professors in support of private parties filed. VIDED. (Distributed)
Mar 10 2014	CIRCULATED.
Mar 10 2014	Brief amici curiae of Center for Democracy & Technology, and Electronic Frontier Foundation in support of Riley and Wurie filed. VIDED. (Distributed)
Mar 10 2014	Brief amici curiae of American Library Association, and The Internet Archive in support of Riley and Wurie filed. VIDED. (Distributed)
Mar 10 2014	Brief amici curiae of National Press Photographers Association, et al. filed. VIDED. (Distributed)
Mar 10 2014	Brief amici curiae of Professors Charles E. MacLean & Adam Lamparello filed. VIDED. (Distributed)
Mar 10 2014	Brief amicus curiae of Constitutional Accountability Center in support of Riley and Wurie filed. VIDED. (Distributed)
Apr 2 2014	Brief of respondent Brima Wurie filed. (Distributed)
Apr 9 2014	Brief amici curiae of National Association of Federal Defenders, et al., filed. (Distributed).
Apr 9 2014	Brief amici curiae of Downsize DC Foundation, et al., filed. (Distributed).
Apr 9 2014	Brief amicus curiae of Cato Institute filed. (Distributed)
Apr 9 2014	Brief amici curiae of Southwestern Law Student Anna Aran, et al. filed. (Distributed)
Apr 9 2014	Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Apr 22 2014	Reply of petitioner United States filed. (Distributed)
Apr 29 2014	Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Judith H. Mizner, Assistant Federal Public Defender, Boston, Mass.
Jun 25 2014	Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. VIDED with No. 13-132.
Jul 28 2014	JUDGMENT ISSUED.
Jul 28 2014	Record returned for U.S.C.A. for First Circuit.

Featured Posts

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann
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This Week at the Court
The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices hear oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 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
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
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.
- 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 »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference