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Cedar Point Nursery v. Hassid

Docket No.20-107
Op. Below9th Cir.
ArgumentMar 22, 2021

Holding

A California regulation granting labor organizations a "right to take access" to an agricultural employer's property to solicit support for unionization constitutes a per se physical taking.

Judgment

Reversed and remanded, 6-3, in an opinion by John Roberts on Jun 23, 2021. Justice Kavanaugh filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

Proceedings & orders timeline

Jul 29, 2020
Petition for a writ of certiorari filed. (Response due September 2, 2020)
Aug 6, 2020
Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
Aug 18, 2020
Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
Aug 19, 2020
Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
Aug 27, 2020
Brief amicus curiae of California Farm Bureau Federation filed.
Aug 31, 2020
Brief amicus curiae of Pelican Institute for Public Policy filed.
Sep 2, 2020
Brief amici curiae of State of Oklahoma, et al. filed.
Sep 2, 2020
Brief amici curiae of The Cato Institute filed.
Sep 2, 2020
Brief amicus curiae of American Farm Bureau Federation filed.
Sep 2, 2020
Brief amicus curiae of Institute for Justice filed.
Sep 2, 2020
Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 2, 2020
Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 2, 2020
Brief of respondents Victoria Hassid, et al. in opposition filed.
Oct 15, 2020
Reply of petitioners Cedar Point Nursery, et al. filed.
Oct 21, 2020
DISTRIBUTED for Conference of 11/6/2020.
Nov 9, 2020
DISTRIBUTED for Conference of 11/13/2020.
Nov 13, 2020
Petition GRANTED.
Nov 24, 2020
Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
Dec 2, 2020
Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
Dec 7, 2020
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 28, 2020
Motion for an extension of time filed.
Dec 28, 2020
Motion to extend the time to file the joint appendix and petitioners' brief on the merits granted and the time is extended to and including December 31, 2020.
Dec 30, 2020
Brief amicus curiae of Pelican Institute for Public Policy filed.
Dec 31, 2020
Brief of petitioners Cedar Point Nursery, et al. filed.
Dec 31, 2020
Brief amici curiae of The Cato Institute, et al. filed.
Jan 5, 2021
Brief amicus curiae of Americans for Prosperity Foundation filed.
Jan 6, 2021
Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
Jan 6, 2021
Brief amicus curiae of New England Legal Foundation filed.
Jan 6, 2021
Brief amicus curiae of California Farm Bureau Federation filed.
Jan 6, 2021
Brief amici curiae of Western Growers Association; California Fresh Fruit Association; Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties; and Ventura County Agricultural Association filed.
Jan 6, 2021
Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
Jan 6, 2021
Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 7, 2021
Brief amicus curiae of Institute for Justice filed.
Jan 7, 2021
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 7, 2021
Brief amicus curiae of United States filed.
Jan 7, 2021
Brief amicus curiae of The Buckeye Institute filed.
Jan 7, 2021
Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
Jan 7, 2021
Brief amici curiae of State of Oklahoma, et al. filed.
Jan 7, 2021
Brief amicus curiae of American Farm Bureau Federation filed.
Jan 7, 2021
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 7, 2021
Brief amicus curiae of Liberty Justice Center filed.
Jan 21, 2021
Motion for an extension of time filed by responents.
Jan 22, 2021
Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
Feb 1, 2021
SET FOR ARGUMENT on Monday, March 22, 2021.
Feb 4, 2021
Record requested from the U.S.C.A. 9th Circuit.
Feb 4, 2021
Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 5, 2021
Brief of respondents Victoria Hassid, et al. filed.
Feb 10, 2021
Brief amici curiae of National Employment Law Project, et al. filed.
Feb 11, 2021
Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
Feb 11, 2021
Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
Feb 11, 2021
Brief amici curiae of Property Law Professors filed.
Feb 11, 2021
Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
Feb 12, 2021
Letter from the Acting Solicitor General notifying the Court of the United States' change in position from that presented in its amicus curiae brief filed on January 7, 2021 filed. (Distributed)
Feb 12, 2021
Brief amicus curiae of Constitutional Accountability Center filed.
Feb 12, 2021
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Feb 12, 2021
Brief amici curiae of Legal Historians filed.
Feb 12, 2021
Brief amicus curiae of Service Employees International Union filed.
Feb 12, 2021
Brief amicus curiae of United Farm Workers of America filed.
Feb 12, 2021
Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
Feb 12, 2021
Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
Feb 12, 2021
Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
Feb 12, 2021
Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
Feb 12, 2021
Brief amici curiae of Commonwealth of Virginia, et al. filed.
Feb 12, 2021
Brief amici curiae of Local Governments filed.
Feb 22, 2021
CIRCULATED.
Mar 5, 2021
Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
Mar 22, 2021
Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
Jun 23, 2021
Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Jul 26, 2021
JUDGMENT ISSUED.

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