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Horne v. Department of Agriculture

Docket No.12-123
Op. Below9th Cir.
ArgumentMar 20, 2013
Vote9-0
AuthorClarence Thomas
OpinionJun 10, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

A farmer who is deemed to have violated an agricultural marketing order, is fined, has a fine assessed against him, and seeks to argue that the fine is an unconstitutional "taking" can bring his "takings" claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims.

Judgment

Reversed and remanded, 9-0, in an opinion by Clarence Thomas on Jun 10, 2013.

Holding: A farmer who is deemed to have violated an agricultural marketing order, is fined, has a fine assessed against him, and seeks to argue that the fine is an unconstitutional “taking” can bring his “takings” claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims.

Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 10, 2013.

Proceedings & orders timeline

Feb 4, 2012
Administrative record from U.S. Dept. of Justice is electronic.
May 29, 2012
Application (11A1125) to extend the time to file a petition for a writ of certiorari from June 10, 2012 to August 9, 2012, submitted to Justice Kennedy.
Jun 1, 2012
Application (11A1125) granted by Justice Kennedy extending the time to file until July 25, 2012.
Jul 25, 2012
Petition for a writ of certiorari filed. (Response due August 27, 2012)
Aug 21, 2012
Order extending time to file response to petition to and including September 26, 2012.
Aug 27, 2012
Brief amici curiae of Cato Institute, et al. filed.
Sep 19, 2012
Order further extending time to file response to petition to and including October 26, 2012.
Oct 26, 2012
Brief of respondent Department of Agriculture in opposition filed.
Nov 5, 2012
DISTRIBUTED for Conference of November 20, 2012.
Nov 5, 2012
Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Nov 20, 2012
Petition GRANTED.
Dec 21, 2012
The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 9, 2013.
Dec 21, 2012
The time to file respondent's brief on the merits is extended to and including February 12, 2013.
Jan 7, 2013
SET FOR ARGUMENT ON Wednesday, March 20, 2013
Jan 9, 2013
Brief of petitioners Marvin D. Horne, et al. filed.
Jan 9, 2013
Joint appendix filed. (Statement of costs received)
Jan 16, 2013
Brief amici curiae of Cato Institute, et al. filed.
Jan 16, 2013
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 16, 2013
Brief amici curiae of Constitutional Law Scholars filed.
Jan 16, 2013
Brief amicus curiae of Texas filed.
Jan 18, 2013
Record from U.S.C.A. for 9th Circuit is electronic.
Jan 18, 2013
Record from U.S.D.C. for Eastern Districtof California (Fresno) is electronic.
Jan 23, 2013
CIRCULATED.
Feb 4, 2013
Administrative record from U.S. Dept. of Justice is electronic.
Feb 12, 2013
Brief of respondent Department of Agriculture filed. (Distributed)Feb 19, 2013
Brief amicus curiae of International Municipal Lawyers Association filed. (Distributed)Feb 19, 2013
Brief amicus curiae of Sun-Maid Growers of California filed. (Distributed)Mar 13, 2013
Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)Mar 20, 2013
Argued. For petitioners: Michael W. McConnell, Washington, D. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 10, 2013
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 12, 2013
JUDGMENT ISSUED.

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