Utah v. Strieff

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Utah v. Strieff

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Orders

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
14-1373	Utah	Feb 22, 2016 Tr.Aud.	Jun 20, 2016	5-3	Thomas	OT 2015

Holding: When there was no flagrant police misconduct and a police officer discovered a valid, pre-existing, and untainted warrant for an individual’s arrest, evidence seized pursuant to that arrest is admissible even when the police officer’s stop of the individual was unconstitutional, because the discovery of the warrant attenuated the connection between the stop and the evidence.

Judgment: Reversed, 5-3, in an opinion by Justice Thomas on June 20, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined as to Parts I, II, and III. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg joined.

Opinion analysis: The exclusionary rule is weakened but it still lives (Orin Kerr)
A “view” from the Courtroom: Vehicle problems (Mark Walsh)
Argument analysis: Court closely divided on the exclusionary rule (Orin Kerr)
Argument preview: Utah v. Strieff and the future of the exclusionary rule (Orin Kerr)

Date	Proceedings and Orders (key to color coding)
Mar 31 2015	Application (14A1025) to extend the time to file a petition for a writ of certiorari from April 16, 2015 to May 18, 2015, submitted to Justice Sotomayor.
Apr 6 2015	Application (14A1025) granted by Justice Sotomayor extending the time to file until May 18, 2015.
May 15 2015	Petition for a writ of certiorari filed. (Response due June 18, 2015)
Jun 11 2015	Order extending time to file response to petition to and including July 20, 2015.
Jun 18 2015	Brief amici curiae of Michigan, and Ten Other States filed.
Jun 30 2015	Brief of respondent Edward Joseph Strieff, Jr. in opposition filed.
Jul 14 2015	Reply of petitioner Utah filed. (Distributed)
Jul 15 2015	DISTRIBUTED for Conference of September 28, 2015.
Oct 1 2015	Petition GRANTED.
Nov 6 2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2015.
Nov 6 2015	The time to file respondent's brief on the merits is extended to and including January 22, 2016.
Nov 6 2015	Petitioner will file a reply brief on the merits on or before February 9, 2016.
Dec 4 2015	Brief of petitioner Utah filed.
Dec 4 2015	Joint appendix filed. (Statement of costs filed)
Dec 11 2015	Brief amicus curiae of the United States filed.
Dec 11 2015	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Dec 11 2015	Brief amici curiae of Michigan, and Twenty-Nine Other States filed.
Dec 23 2015	SET FOR ARGUMENT on Monday, February 22, 2016.
Jan 4 2016	Record requested from the Supreme Court of Utah.
Jan 12 2016	Record received from the Supreme Court of Utah, the record is electronic.
Jan 15 2016	CIRCULATED
Jan 21 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22 2016	Brief of respondent Edward Joseph Strieff, Jr. filed. (Distributed)
Jan 29 2016	Brief amici curiae of Electronic Privacy Information Center (EPIC), and Twenty-One Technical Experts and Legal Scholars filed. (Distributed)
Jan 29 2016	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Jan 29 2016	Brief amici curiae of Tracy E. Labrusciano, et al. filed. (Distributed)
Feb 9 2016	Reply of petitioner Utah filed. (Distributed)
Feb 18 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 22 2016	Argued. For petitioner: Tyler R. Green, Solicitor General, Salt Lake City, Utah; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Joan C. Watt, Salt Lake City, Utah.
Jun 20 2016	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined as to Parts I, II, and III. Kagan, J., filed a dissenting opinion, in which Ginsburg, J., joined.
Jul 22 2016	MANDATE ISSUED
Jul 22 2016	JUDGMENT ISSUED

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Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann
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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
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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Cases argued 43

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Summary reversals 2

Merits cases granted to date 73

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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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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.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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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