Wilson v. Sellers

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Wilson v. Sellers

Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe

Relist Watch – John Elwood

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-6855	11th Cir.	Oct 30, 2017 Tr.Aud.	Apr 17, 2018	6-3	Breyer	OT 2017

Holding: A federal habeas court reviewing an unexplained state-court decision on the merits should “look through” that decision to the last related state-court decision that provides a relevant rationale and presume that the unexplained decision adopted the same reasoning; the state may rebut the presumption by showing that the unexplained decision most likely relied on different grounds than the reasoned decision below.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on April 17, 2018. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

OT2017 #22: “Cf. Everything” (First Mondays)
Opinion analysis: Justices reaffirm “look-through” presumption in federal habeas review of state-court decisions (Steve Vladeck)
OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays)
Argument analysis: A quixotic search for the general meaning of state-court summary affirmances (Steve Vladeck)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays)
Argument preview: To which state-court adjudications must federal habeas courts defer? (Steve Vladeck)
Three new cases, a Breyer dissent and a summary affirmance (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Nov 10 2016	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2016)
Dec 19 2016	Order extending time to file response to petition to and including January 5, 2017.
Jan 05 2017	Brief amicus curiae of Adam K. Mortara, in support of respondent filed.
Jan 05 2017	Brief of respondent Eric Sellers, Warden filed.
Jan 19 2017	DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017	DISTRIBUTED for Conference of February 24, 2017.
Feb 27 2017	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below.
Mar 15 2017	Letter from respondent regarding position in case. (Distributed)
Mar 27 2017	In light of the letter filed by respondent on March 15, 2017, the order inviting Adam K. Mortara, Esquire to brief and argue, as amicus curiae, in support of the judgment below is withdrawn.
Apr 04 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 30, 2017.
May 19 2017	The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 5, 2017.
Jun 05 2017	Joint appendix filed. (Statement of costs filed)
Jun 05 2017	Brief of petitioner Marion Wilson filed.
Jun 12 2017	Brief amici curiae of Retired State Supreme Court Justices filed.
Jun 14 2017	The time to file respondent's brief on the merits is extended to and including August 21, 2017.
Aug 21 2017	Brief of respondent Eric Sellers, Warden filed.
Aug 28 2017	Brief amici curiae of Arkansas, et al. filed.
Aug 31 2017	SET FOR ARGUMENT on Monday, October 30, 2017
Sep 07 2017	CIRCULATED
Sep 12 2017	Record requested from the U.S.C.A.11th Circuit.
Sep 20 2017	Reply of petitioner Marion Wilson filed. (Distributed)
Oct 30 2017	Argued. For petitioner: Mark E. Olive, Tallahassee, Fla. For respondent: Sarah Hawkins Warren, Solicitor General of Georgia, Atlanta, Ga.
Nov 15 2017	Motion to appoint counsel filed by petitioner Marion Wilson.
Nov 20 2017	Motion DISTRIBUTED for Conference of 12/8/2017.
Dec 11 2017	Motion to appoint counsel filed by petitioner GRANTED. , and Mark E. Olive, Esquire, of Tallahassee, Florida, is appointed to serve as counsel for the petitioner in this case.
Jan 19 2018	Letter filed by respondent Warden Sellers. (Distributed)
Apr 17 2018	Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
May 21 2018	JUDGMENT ISSUED.

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Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe

Relist Watch – John Elwood

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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; that afternoon, the justices granted Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, with four consolidated cases.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

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