Walden v. Fiore

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Walden v. Fiore

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Conference of May 16, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-574	9th Cir.	Nov 4, 2013 Tr.Aud.	Feb 25, 2014	9-0	Thomas	OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the respondents in this case.

Holding: When the conduct of the defendant, a Georgia police officer, occurred entirely in Georgia, the mere fact that his conduct affected plaintiffs with connections to Nevada does not authorize jurisdiction over him in Nevada.

Judgment: Reversed, 9-0, in an opinion by Justice Thomas on February 25, 2014.

Opinion analysis: The boundaries of specific jurisdiction (William Baude)
Argument analysis: An attempt to find a narrow ground of agreement (William Baude)
SCOTUS for law students (sponsored by Bloomberg Law): Gambling on personal jurisdiction (Stephen Wermiel)
Argument preview: Where can a federal agent be sued? (William Baude)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Nov 6 2012	Petition for a writ of certiorari filed. (Response due December 10, 2012)
Nov 30 2012	Order extending time to file response to petition to and including January 9, 2013.
Jan 4 2013	Order further extending time to file response to petition to and including January 24, 2013.
Jan 24 2013	Brief of respondents Gina Fiore, and Keith Gipson in opposition filed.
Feb 6 2013	DISTRIBUTED for Conference of February 22, 2013.
Feb 6 2013	Reply of petitioner Anthony Walden filed. (Distributed)
Feb 25 2013	DISTRIBUTED for Conference of March 1, 2013.
Mar 4 2013	Petition GRANTED.
Mar 7 2013	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the petitioner.
Mar 12 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 25 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 28, 2013.
Mar 25 2013	The time to file respondents' brief on the merits is extended to and including July 26, 2013.
May 28 2013	Joint appendix filed. (Statement of costs received)
May 28 2013	Brief of petitioner Anthony Walden filed.
May 31 2013	Brief amicus curiae of Charles W. Adams filed.
Jun 3 2013	Brief amici curiae of New England Legal Foundation and Associated Industries of Massachusetts filed.
Jun 4 2013	Brief amicus curiae of the United States filed.
Jun 4 2013	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 4 2013	Brief amicus curiae of Federal Law Enforcement Officers Association filed.
Jun 4 2013	Brief amici curiae of Alabama, et al. filed.
Jul 26 2013	Brief of respondents Gina Fiore and Keith Gipson filed.
Jul 29 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 2 2013	Brief amicus curiae of Workers' Injury Law & Advocacy Group filed.
Aug 19 2013	CIRCULATED..
Aug 20 2013	SET FOR ARGUMENT on Monday, November 4, 2013.
Aug 26 2013	Reply of petitioner Anthony Walden filed. (Distributed)
Sep 24 2013	Record from U.S.C.A for 9th Circuit is electronic and located on PACER.
Sep 24 2013	Record from U.S.D.C. for District of Nevada is electronic and located on PACER.
Oct 7 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 4 2013	Argued. For petitioner: Jeffrey S. Bucholtz, Washington, D. C.; and Melissa Arbus Sherry, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Thomas C. Goldstein, Washington, D. C.
Feb 25 2014	Judgment REVERSED. Thomas, J., delivered the opinion for a unanimous court.
Mar 31 2014	JUDGMENT ISSUED.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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The Supreme Court will release orders from the May 16 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
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On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
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Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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16
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