The Los Angeles County Bar Association Appellate Courts Section Presents
Wrap-Up of the U.S. Supreme Court’s 2019-2020 Term
Tuesday, August 18, 2020
Program - 12:00 - 1:30 PM
Zoom Webinar
CLE Credit: 1.5 Hours Credit (including Appellate Courts Specialization)
Provider #36 The Los Angeles County Bar Association is a State Bar of California approved MCLE provider. The Los Angles County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California. TABLE OF CONTENTS
Page
Biographies ...... 3
Opinions of the Court (“Merits Docket”) ...... 6
Opinions Relating to Orders (“Shadow Docket”) ...... 13
2 BIOGRAPHIES
Panelists
Jennifer M. Chacón is a Professor of Law at the UCLA School of Law and formerly Chancellor’s Professor of Law and the Senior Associate Dean for Administration at the University of California, Irvine, School of Law. She is the author of an immigration law textbook and of numerous articles, chapters and essays on immigration, criminal law, constitutional law and citizenship issues. Her research, which focuses on the intersection of criminal and immigration law enforcement, has been funded by the Russell Sage Foundation and the National Science Foundation. She began her career in law teaching at the U.C. Davis School of Law. She has also held appointments as a Visiting Professor of Law at Stanford Law School (2015-2016) and at Harvard Law School (2014-2015).
Professor Chacón is the Chair of the Executive Committee of the American Association of Law School’s Section on Immigration. She is a member of the American Law Institute. She serves on the Ninth Circuit Court of Appeals Rules Committee, the University of Oxford Border Criminologies Advisory Group, and the American Bar Foundation (ABF) Board of Directors.
Professor Chacόn was an associate of the New York law firm of Davis Polk and Wardwell from 1999-2003, after clerking the Honorable Sidney R. Thomas of the Ninth Circuit (1998-1999). She holds a J.D. from Yale Law School and an A.B. in International Relations from Stanford University.
David G. Savage has covered the Supreme Court of the United States and legal issues for the Los Angeles Times in the Washington bureau since 1986. He has covered the Senate confirmation hearings for all of the current justices. In addition to writing about the court’s work, he has written on the legal battles that have raged in Washington. He joined The Times in 1981 and was an education writer on the Metro staff for five years. He has degrees from the University of North
3 Carolina at Chapel Hill and Northwestern University.
Professor Adam Winkler is a specialist in American constitutional law, the Supreme Court, and gun policy. His book We the Corporations: How American Businesses Won Their Civil Rights (2018), was a finalist for the National Book Award, the National Book Critics Circle Award, the American Bar Association's Legal Gavel Award, the California Book Award, and received the Scribes Award. He is also the author of Gunfight: The Battle over the Right to Bear Arms in America (2011), which won no awards but was the subject of a question on the popular game show Jeopardy!. His scholarship has been cited in landmark Supreme Court cases on the First and Second Amendments, and he is one of the twenty most cited law professors in judicial opinions today. His popular writing has appeared in the New York Times, New York Review of Books, Wall Street Journal, Washington Post, Los Angeles Times, New Republic, Atlantic, Slate, Scotusblog, and Daily Beast. He is a frequent commentator about legal issues and has appeared on Face the Nation, CNN, NBC Nightly News, C- SPAN, Newshour, ABC News, All Things Considered, Morning Edition, and Marketplace. He also served as co-editor of the Encyclopedia of the American Constitution (2d Edition).
The son of Academy Award-winning filmmaker Irwin Winkler, Adam was born and raised in Los Angeles. He is a graduate of the School of Foreign Service at Georgetown University and New York University School of Law, which honored him with the Legal Teaching Award for outstanding alumni in legal academia. He also earned a master’s degree in political science (American Political Development) from UCLA under Professor Karen Orren. He clerked for David Thompson of the United States Court of Appeals for the Ninth Circuit and practiced law at Katten Muchin in Los Angeles, where he was on a litigation team that represented the late Michael Jackson in a highly publicized child- molestation case. This was more than enough to convince him to return to the ivory tower.
Prior to joining the UCLA faculty in 2002, Adam was the John M. Olin Fellow at the University of Southern California Law School’s Center in Law, Economics and Organization. He serves on the board of directors
4 of the Brennan Center for Justice and the American Constitution Society.
About We the Corporations, Supreme Court Justice Stephen Breyer said, “It’s a good book.” And according to Vox.com, “It is deeply shocking that We the Corporations is not boring.” See a synopsis, reviews and upcoming events for We the Corporations.
Moderator
Kent J. Bullard is Vice Chair of LACBA’s Appellate Courts Section and is a Deputy City Attorney in the Los Angeles City Attorney’s Office, where he supervises the Criminal Appellate Section. He previously practiced civil appeals and writs at Greines, Martin, Stein and Richland; civil litigation and appeals at Quinn Emanuel Urquhart & Sullivan; and criminal appeals and writs at the Office of the California Attorney General in Los Angeles. He clerked for U.S. District Judge David W. Hagen in the District of Nevada after graduating from UCLA School of Law (sadly, long before Professors Chacόn and Winkler began teaching there).
5 OPINIONS OF THE COURT (“MERITS DOCKET”)
6 8/1/2020 Opinions of the Court - 2019
Opinions of the Court - 2019
“Slip” opinions are the first version of the Court’s opinions posted on this website. A “slip” opinion consists of the majority or principal opinion, any concurring or dissenting opinions written by the Justices, and a prefatory syllabus prepared by the Reporter’s Office that summarizes the decision. The slip opinions collected here are those issued during October Term 2019 (October 07, 2019, through October 04, 2020). These opinions are posted on the website within minutes a er the opinions are issued and will remain posted until the opinions for the entire Term are published in the bound volumes of the United States Reports. For further information, see Column Header Definitions and Information About Opinions.
Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed slip opinion pamphlets. Moreover, a slip opinion is replaced by a paginated version of the case in the preliminary print, and, subsequently, by the final version of the case in a U. S. Reports bound volume. In case of discrepancies between the print and electronic versions of a slip opinion, the print version controls. However, where the electronic version has been designated “revised,” the electronic version controls to the extent that it differs from the print version with regard to the noted revision. In case of discrepancies between the slip opinion and any later official version of the opinion– i.e., the preliminary print or bound volume version–the later version controls.
2019 2018 2017 2016 2015 2014 2013 See Earlier Opinions
Term Year: 2019 Expand All | Collapse All
− July
R- Date Docket Name Revised J. Pt.
63 7/14/20 20A8 Barr v. Lee PC 591/2
62 7/09/20 17-1107 Sharp v. Murphy PC 591/2
61 7/09/20 18-9526 McGirt v. Oklahoma NG 591/2
60 7/09/20 19-715 Trump v. Mazars USA, LLP R 591/2
59 7/09/20 19-635 Trump v. Vance R 591/2
https://www.supremecourt.gov/opinions/slipopinion/19#list 7 1/6 8/1/2020 Opinions of the Court - 2019
58 7/08/20 19-267 Our Lady of Guadalupe School v. Morrissey- A 591/2 Berru
57 7/08/20 19-431 Little Sisters of the Poor Saints Peter and Paul T 591/2 Home v. Pennsylvania
56 7/06/20 19-518 Colorado Dept. of State v. Baca PC 591/2
55 7/06/20 19-631 Barr v. American Assn. of Political BK 591/2 Consultants, Inc.
54 7/06/20 19-465 Chiafalo v. Washington EK 591/2
− June
R- Date Docket Name Revised J. Pt.
53 6/30/20 19-46 Patent and Trademark Office v. Booking.com G 591/2 B. V.
52 6/30/20 18-1195 Espinoza v. Montana Dept. of Revenue R 591/2
51 6/29/20 19-177 Agency for Int’l Development v. Alliance for BK 591/1 Open Society
50 6/29/20 18-1323 June Medical Services L. L. C. v. Russo B 591/1
49 6/29/20 19-7 Seila Law LLC v. Consumer Financial 7/08/20 R 591/1 Protection Bureau
48 6/25/20 19-161 Department of Homeland Security v. A 591/1 Thuraissigiam
47 6/22/20 18-1501 Liu v. SEC SS 591/1
46 6/18/20 18-587 Department of Homeland Security v. Regents R 591/1 of Univ. of Cal.
45 6/15/20 18-9674 Andrus v. Texas PC 590/2
44 6/15/20 17-1618 Bostock v. Clayton County NG 590/2
https://www.supremecourt.gov/opinions/slipopinion/19#list 8 2/6 8/1/2020 Opinions of the Court - 2019
43 6/15/20 18-1584 United States Forest Service v. Cowpasture T 590/2 River Preservation Assn.
42 6/08/20 18-8369 Lomax v. Ortiz-Marquez EK 590/2
41 6/01/20 18-1432 Nasrallah v. Barr BK 590/2
40 6/01/20 17-1712 Thole v. U. S. Bank N. A. BK 590/2
39 6/01/20 18-6943 Banister v. Davis EK 590/2
38 6/01/20 18-1334 Financial Oversight and Management Bd. for 6/05/20 B 590/2 Puerto Rico v. Aurelius Investment, LLC 6/08/20
37 6/01/20 18-1048 GE Energy Power Conversion France SAS v. T 590/2 Outokumpu Stainless USA, LLC
− May
R- Date Docket Name Revised J. Pt.
36 5/18/20 17-1268 Opati v. Republic of Sudan NG 590/1
35 5/14/20 18-1086 Lucky Brand Dungarees, Inc. v. Marcel 5/19/20 SS 590/1 Fashions Group, Inc.
34 5/07/20 18-1059 Kelly v. United States EK 590/1
33 5/07/20 19-67 United States v. Sineneng-Smith G 590/1
− April
R- Date Docket Name Revised J. Pt.
32 4/27/20 18-280 New York State Rifle & Pistol Assn., Inc. v. City PC 590/1 of New York
31 4/27/20 18-1023 Maine Community Health Options v. United SS 590/1 States
https://www.supremecourt.gov/opinions/slipopinion/19#list 9 3/6 8/1/2020 Opinions of the Court - 2019
30 4/27/20 18-1150 Georgia v. Public Resource.Org, Inc. 4/28/20 R 590/1
29 4/23/20 18-725 Barton v. Barr BK 590/1
28 4/23/20 18-1233 Romag Fasteners, Inc. v. Fossil Group, Inc. NG 590/1
27 4/23/20 18-260 County of Maui v. Hawaii Wildlife Fund B 590/1
26 4/20/20 18-5924 Ramos v. Louisiana NG 590/1
25 4/20/20 18-916 Thryv, Inc. v. Click-To-Call Technologies, LP 4/28/20 G 590/1
24 4/20/20 17-1498 Atlantic Richfield Co. v. Christian R 590/1
23 4/06/20 19A1016 Republican National Committee v. PC 589/2 Democratic National Committee
22 4/06/20 18-882 Babb v. Wilkie A 589/2
21 4/06/20 18-556 Kansas v. Glover T 589/2
− March
R- Date Docket Name Revised J. Pt.
20 3/30/20 18-565 CITGO Asphalt Refining Co. v. Frescati SS 589/2 Shipping Co.
19 3/23/20 19-5421 Davis v. United States PC 589/2
18 3/23/20 18-1171 Comcast Corp. v. National Assn. of African- NG 589/2 American Owned Media
17 3/23/20 18-6135 Kahler v. Kansas EK 589/2
16 3/23/20 18-877 Allen v. Cooper EK 589/2
15 3/23/20 18-776 Guerrero-Lasprilla v. Barr B 589/2
14 3/03/20 17-834 Kansas v. Garcia A 589/2
https://www.supremecourt.gov/opinions/slipopinion/19#list 10 4/6 8/1/2020 Opinions of the Court - 2019
− February
R- Date Docket Name Revised J. Pt.
13 2/26/20 18-1116 Intel Corp. Investment Policy Comm. v. A 589/2 Sulyma
12 2/26/20 18-7739 Holguin-Hernandez v. United States B 589/2
11 2/26/20 18-6662 Shular v. United States G 589/2
10 2/25/20 18-1109 McKinney v. Arizona BK 589/1
9 2/25/20 18-1269 Rodriguez v. FDIC NG 589/1
8 2/25/20 17-1678 Hernández v. Mesa A 589/1
7 2/25/20 18-935 Monasky v. Taglieri 2/26/20 G 589/1
6 2/24/20 18-921 Roman Catholic Archdiocese of San Juan v. PC 589/1 Acevedo Feliciano
− January
R- Date Docket Name Revised J. Pt.
5 1/14/20 18-1165 Retirement Plans Comm. of IBM v. Jander PC 589/1
4 1/14/20 18-938 Ritzen Group, Inc. v. Jackson Masonry, LLC G 589/1
− December
R- Date Docket Name Revised J. Pt.
3 12/11/19 18-801 Peter v. NantKwest, Inc. SS 589/1
2 12/10/19 18-328 Rotkiske v. Klemm T 589/1
https://www.supremecourt.gov/opinions/slipopinion/19#list 11 5/6 8/1/2020 Opinions of the Court - 2019
− November
R- Date Docket Name Revised J. Pt.
1 11/25/19 19-122 Thompson v. Hebdon PC 589/1
https://www.supremecourt.gov/opinions/slipopinion/19#list 12 6/6 OPINIONS RELATING TO ORDERS (“SHADOW DOCKET”)
13 8/10/2020 Opinions Relating to Orders - 2019
Opinions of the Court
Opinions Relating to Orders
In-Chambers Opinions
Bound Volumes
Online Sources Cited in Opinions
Media Sources
Case Citation Finder
Opinions Relating to Orders - 2019
Opinions may be written by Justices to comment on the summary disposition of cases by orders, e.g., if a Justice wants to dissent from the denial of certiorari or concur in that denial. Any opinions written during October Term 2019 (October 07, 2019, through October 04, 2020), will be posted here on the day they are issued. They will remain posted until the opinions for the entire Term are published in the bound volumes of the United States Reports. For further information, see Column Header Definitions.
2019 2018 2017 2016 2015 2014 2013 See Earlier Opinions
Term Year: 2019 Expand All | Collapse All
− August
Date Docket Name Revised J. Pt.
8/05/20 20A19 Barnes v. Ahlman SS 591/2
− July
Date Docket Name Revised J. Pt.
https://www.supremecourt.gov/opinions/relatingtoorders/19#list 14 1/5 8/10/2020 Opinions Relating to Orders - 2019
7/31/20 19A60 Trump v. Sierra Club B 591/2
7/30/20 20A18 Little v. Reclaim Idaho SS 591/2
7/30/20 20A18 Little v. Reclaim Idaho R 591/2
7/24/20 19A1070 Calvary Chapel Dayton Valley v. Sisolak BK 591/2
7/24/20 19A1070 Calvary Chapel Dayton Valley v. Sisolak NG 591/2
7/24/20 19A1070 Calvary Chapel Dayton Valley v. Sisolak A 591/2
7/16/20 19A1071 Raysor v. DeSantis SS 591/2
7/16/20 20A9 Barr v. Purkey SS 591/2
7/16/20 20A9 Barr v. Purkey B 591/2
− June
Date Docket Name Revised J. Pt.
6/26/20 19A1055 Texas Democratic Party v. Abbott SS 591/1
6/22/20 19-1051 Kansas v. Boettger T 591/1
6/15/20 18-1287 Baxter v. Bracey T 590/2
6/15/20 18-824 Rogers v. Grewal T 590/2
6/08/20 19-5267 St. Hubert v. United States SS 590/2
6/01/20 19-831 Jarchow v. State Bar of Wis. T 590/2
− May
Date Docket Name Revised J. Pt.
5/29/20 19A1044 South Bay United Pentecostal Church v. Newsom BK 590/1
https://www.supremecourt.gov/opinions/relatingtoorders/19#list 15 2/5 8/10/2020 Opinions Relating to Orders - 2019
5/29/20 19A1044 South Bay United Pentecostal Church v. Newsom R 590/1
5/18/20 19-867 Wexford Health v. Garrett T 590/1
5/14/20 19A1034 Valentine v. Collier 5/19/20 SS 590/1
− April
Date Docket Name Revised J. Pt.
4/20/20 19-512 Robinson v. Department of Education T 590/1
4/06/20 19- Halprin v. Davis SS 589/2 6156
4/06/20 19-446 VF Jeanswear LP v. EEOC T 589/2
4/06/20 18- Archdiocese of Washington v. Washington NG 589/2 1455 Metropolitan Transit Authority
− March
Date Docket Name Revised J. Pt.
3/23/20 19-633 Avery v. United States BK 589/2
3/02/20 19-296 Guedes v. Bureau of Alcohol, Tobacco, Firearms and NG 589/2 Explosives
− February
Date Docket Name Revised J. Pt.
2/24/20 19-411 Reed v. Texas SS 589/1
2/24/20 19-402 Baldwin v. United States T 589/1
https://www.supremecourt.gov/opinions/relatingtoorders/19#list 16 3/5 8/10/2020 Opinions Relating to Orders - 2019
2/24/20 18-349 Patterson v. Walgreen Co. A 589/1
2/24/20 150, Arizona v. California T 589/1 Orig.
2/21/20 19A905 Wolf v. Cook County SS 589/1
− January
Date Docket Name Revised J. Pt.
1/27/20 19A785 Department of Homeland Security v. New York NG 589/1
1/21/20 19-307 McKeever v. Barr B 589/1
− December
Date Docket Name Revised J. Pt.
12/09/19 18- Cottier v. United States SS 589/1 9261
12/09/19 18- Schexnayder v. Vannoy SS 589/1 8341
12/06/19 19A615 Barr v. Roane A 589/1
− November
Date Docket Name Revised J. Pt.
11/25/19 18- Isom v. Arkansas SS 589/1 9517
11/25/19 18- National Review, Inc. v. Mann A 589/1 1451
https://www.supremecourt.gov/opinions/relatingtoorders/19#list 17 4/5 8/10/2020 Opinions Relating to Orders - 2019
11/25/19 17- Paul v. United States BK 589/1 8830
11/18/19 19-16 Peithman v. United States SS 589/1
11/04/19 19- Rhines v. Young SS 589/1 6477
− October
Date Docket Name Revised J. Pt.
10/21/19 18- Lipschultz v. Charter Advanced Services T 589/1 1386
https://www.supremecourt.gov/opinions/relatingtoorders/19#list 18 5/5