Young v. United Parcel Service

Editor's Note :

Young v. United Parcel Service

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe

Opinion analysis: Court holds that First Amendment does not apply to private operator of public-access channels – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1226	4th Cir.	Dec 3, 2014 Tr.Aud.	Mar 25, 2015	6-3	Breyer	OT 2014

Holding: A plaintiff alleging that the denial of an accommodation constituted disparate treatment under the Pregnancy Discrimination Act, which requires employers to treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work,” may make out a prima facie case by showing that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that the employer did accommodate others similar in their ability or inability to work. The employer may then seek to justify its refusal to accommodate the plaintiff by relying on “legitimate, nondiscriminatory” reasons for denying accommodation.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Breyer on March 25, 2015. Justice Alito filed an opinion concurring in the judgement. Justice Scalia filed a dissenting opinion, in which Justices Kennedy and Thomas joined. Justice Kennedy filed a dissenting opinion.

Opinion analysis: Fashioning a remedy for pregnancy bias (Lyle Denniston)
Argument analysis: "As compared to what?" (Lyle Denniston)
Argument preview: Pregnancy and workplace equality (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Apr 8 2013	Petition for a writ of certiorari filed. (Response due May 10, 2013)
May 2 2013	Order extending time to file response to petition to and including June 10, 2013.
May 10 2013	Brief amici curiae of Law Professors, and Women's Rights Organizations filed.
Jun 7 2013	Brief of respondent United Parcel Service, Inc. in opposition filed.
Jun 12 2013	Reply of petitioner Peggy Young filed.
Jun 19 2013	DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 19 2014	Brief amicus curiae of United States filed.
Jun 2 2014	Supplemental brief of petitioner Peggy Young filed.
Jun 3 2014	DISTRIBUTED for Conference of June 19, 2014.
Jun 4 2014	Supplemental brief of respondent United Parcel Service, Inc. filed. (Distributed)
Jun 23 2014	DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014	DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014	Petition GRANTED.
Jul 18 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2014.
Jul 18 2014	The time to file respondent's brief on the merits is extended to and including October 24, 2014.
Jul 29 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jul 31 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Sep 4 2014	SET FOR ARGUMENT on Wednesday, December 3, 2014.
Sep 4 2014	Brief of petitioner Peggy Young filed.
Sep 4 2014	Joint appendix filed (two Volumes). (Statement of costs filed.)
Sep 10 2014	Brief amici curiae of Law Professors and Women's and Civil Rights Organizations filed.
Sep 10 2014	Brief amici curiae of American Civil Liberties Union and A Better Balance, et al. filed.
Sep 11 2014	Brief amici curiae of Black Women's Health Imperative, et al. filed.
Sep 11 2014	Brief amicus curiae of the United States filed.
Sep 11 2014	Brief amici curiae of U.S. Women's Chamber of Commerce, et al. filed.
Sep 11 2014	Brief amici curiae of Members of Congress filed.
Sep 11 2014	Brief amici curiae of 23 Pro-Life Organizations and the Judicial Education Project filed.
Sep 11 2014	Brief amici curiae of National Education Association, et al. filed.
Sep 11 2014	Brief amici curiae of Bipartisan State and Local Legislators filed.
Sep 11 2014	Brief amici curiae of Health Care Providers, et al. filed.
Sep 11 2014	Brief amicus curiae of Leadership Conference on Civil and Human Rights filed.
Sep 22 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 22 2014	Record requested from U.S.C.A. 4th Circuit.
Sep 25 2014	Record received from U.S.D.C. of Maryland. The record is electronic and located on PACER.
Oct 3 2014	Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. Also received from U.S.C.A. 4th Circuit is 1 Box, the records are SEALED.
Oct 24 2014	Brief of respondent United Parcel Service, Inc. filed.
Oct 31 2014	Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Oct 31 2014	Brief amicus curiae of American Trucking Associations, Inc. filed.
Oct 31 2014	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Oct 31 2014	Brief amicus curiae of U.S. Chamber of Commerce filed.
Nov 3 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 7 2014	CIRCULATED.
Nov 20 2014	Reply of petitioner Peggy Young filed. (Distributed)
Dec 3 2014	Argued. For petitioner: Samuel R. Bagenstos, Ann Arbor, Mich.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Caitlin J. Halligan, New York, N. Y.
Mar 25 2015	Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Scalia, J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined. Kennedy, J., filed a dissenting opinion.
Mar 25 2015	Record from U.S.C.A. 4th Circuit has been returned.
Apr 27 2015	JUDGMENT ISSUED

Featured Posts

Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate – Emily Hammond

Justices send cake sequel back to state court – Amy Howe

Opinion analysis: Court holds that First Amendment does not apply to private operator of public-access channels – Amy Howe
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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, we expect the Supreme Court to release opinions in one or more argued cases. The justices will meet for their June 20 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
  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
- 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.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
- Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.
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Cases argued 69

Cases decided 49

Summary reversals 5

Merits cases granted to date 74

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On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	49
Summary reversals	5
Merits cases granted to date	74

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6
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10
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13
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17
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20
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