Yates v. United States

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Yates v. United States

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh

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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
13-7451	11th Cir.	Nov 5, 2014 Tr.Aud.	Feb 25, 2015	5-4	Ginsburg	OT 2014

Holding: For purposes of 18 U.S.C. § 1519, which imposes criminal liability on anyone who “knowingly . . . destroys . . . any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States,” a “tangible object” is one used to record or preserve information.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Ginsburg on February 25, 2015. Justice Alito filed an opinion concurring in the judgment. Justice Kagan filed a dissenting opinion, in which Justices Scalia, Kennedy, and Thomas joined.

Opinion analysis: A fisherman slips through federal prosecutors' net (Lyle Denniston)
Justices take the measure of fish case: In Plain English (Amy Howe)
Argument analysis: Building to a Scalia crescendo (Lyle Denniston)
Making a federal case out of fishy facts: In Plain English (Amy Howe)
Argument preview: Can plain language be vague? (Lyle Denniston)
Detention challenge denied (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Nov 13 2013	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2013)
Nov 26 2013	Waiver of right of respondent United States to respond filed.
Dec 5 2013	DISTRIBUTED for Conference of January 10, 2014.
Jan 6 2014	Response Requested . (Due February 5, 2014)
Jan 28 2014	Order extending time to file response to petition to and including March 7, 2014.
Feb 5 2014	Brief amicus curiae of Cause of Action filed.
Feb 5 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 5 2014	Order further extending time to file response to petition to and including March 14, 2014.
Mar 14 2014	Brief of respondent United States in opposition filed.
Mar 28 2014	Reply of petitioner John L. Yates filed.
Apr 3 2014	DISTRIBUTED for Conference of April 18, 2014.
Apr 21 2014	DISTRIBUTED for Conference of April 25, 2014.
Apr 28 2014	Motion to proceed in forma pauperis Granted. Petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
May 15 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 30, 2014.
May 15 2014	The time to file respondent's brief on the merits is extended to and including August 19, 2014.
May 28 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jun 30 2014	Joint appendix filed. (Statement of costs filed.)
Jun 30 2014	Brief of petitioner John L. Yates filed.
Jul 3 2014	Brief amici curiae of Chamber of Commerce of the United States of America & National Association of Manufacturers filed.
Jul 7 2014	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 7 2014	Brief amici curiae of Eighteen Criminal Law Professors filed.
Jul 7 2014	Brief amicus curiae of Cato Institute filed.
Jul 7 2014	Brief amicus curiae of Washington Legal Foundation filed.
Jul 7 2014	Brief amici curiae of Cause of Action, et al. filed.
Jul 7 2014	Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed.
Jul 7 2014	Brief amicus curiae of The Honorable Michael Oxley filed.
Jul 7 2014	Brief amici curiae of Pacific Legal Foundation, et al. filed.
Aug 19 2014	Brief of respondent United States filed.
Sep 4 2014	SET FOR ARGUMENT on Wednesday, November 5, 2014.
Sep 8 2014	Record requested from U.S.C.A. 11th Circuit.
Sep 8 2014	Record received from U.S.C.A 11th Circuit is electronic and located on PACER.
Sep 18 2014	Reply of petitioner John L. Yates filed. (Distributed)
Sep 19 2014	CIRCULATED
Nov 5 2014	Argued. For petitioner: John L. Badalamenti, Assistant Federal Defender, Tampa, Fla. For respondent: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Nov 5 2014	Letter from the Solicitor General filed. (Distributed)
Feb 25 2015	Judgment REVERSED and case REMANDED. Ginsburg, J., announced the judgment of the Court and delivered an opinion, in which Roberts, C. J., and Breyer and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Kagan, J., filed a dissenting opinion, in which Scalia, Kennedy, and Thomas, JJ., joined.
Mar 30 2015	JUDGMENT ISSUED.

Featured Posts

Argument preview: Justices to consider whether First Amendment applies to public-access channels – Amy Howe

Argument analysis: Justices seem divided about government right to challenge patents in administrative process – Ronald Mann

A "view" from the courtroom: Back to the bench for Justice Ginsburg – Mark Walsh
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This Week at the Court
The Supreme Court released orders from the February 15 conference on Tuesday; the justices added County of Maui, Hawaii v. Hawaii Wildlife Fund to next term's merits docket and summarily reversed in Moore v. Texas.
There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices heard oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 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
- Moore v. Texas The Texas Court of Criminal Appeals’ redetermination that Bobby James Moore does not have an intellectual disability and is thus eligible for the death penalty is inconsistent with the Supreme Court's 2017 decision in Moore v. Texas.
- 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.
More Petitions »
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Cases argued 44

Cases decided 11

Summary reversals 3

Merits cases granted to date 74

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Justice Sotomayor at the Library of Congress

On February 14, Justice Sonia Sotomayor appeared at the Library of Congress with Chief Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit and Professor Eloise Pasachoff of the Georgetown University Law Center for the Supreme Court Fellows Annual Lecture.

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Awarded the Peabody Award for excellence in electronic media.
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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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Awarded the Webby Award for excellence on the internet.

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	44
Cases decided	11
Summary reversals	3
Merits cases granted to date	74