Young v. United Parcel Service

Editor's Note :

Young v. United Parcel Service

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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Feb. 2019

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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
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

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 decided 10

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 Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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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