Wrap-Up of the U.S. Supreme Court's 2019-2020 Term
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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 aer 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.