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Cedar Point Nursery, et al. v. Victoria Hassid, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16321 · judgment May 8, 2019

Decided · June 23, 2021
Pre-decision estimate: 9% cert probability (95% interval 6%–12%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

California law forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation. A divided panel below held that, although the regulation takes an uncompensated easement, it does not effect a per se physical taking of private property because it does not allow "24 hours a day, 365 days a year" occupation. As an eight-judge dissent from denial of rehearing en bane noted, the panel "decision not only contradicts Supreme Court precedent but also causes a conflict split." The question presented is whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.

Counsel of record

For petitioner
Joshua Paul Thompson
Pacific Legal Foundation

For respondent
Joshua Patashnik
California Department of Justice

Case

Conference history
Distributed for 2 conferences

Amicus briefs
8 cert-stage · 30 merits
(16 supporting pet./neither, 14 respondent)

Argument & decision

Argued March 22, 2021 — Joshua P. Thompson · Michael J. Mongan. Audio and transcript

Decided June 23, 2021. Opinion by Roberts, C.J..

Proceedings

  1. Jul 26 2021
    JUDGMENT ISSUED.
  2. 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.
  3. Mar 22 2021
    Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
  4. Mar 05 2021
    Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
  5. Feb 22 2021
    CIRCULATED.
  6. 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)
  7. Feb 12 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  8. Feb 12 2021
    Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
  9. Feb 12 2021
    Brief amici curiae of Legal Historians filed.
  10. Feb 12 2021
    Brief amicus curiae of Service Employees International Union filed.
  11. Feb 12 2021
    Brief amicus curiae of United Farm Workers of America filed.
  12. Feb 12 2021
    Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
  13. 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)
  14. Feb 12 2021
    Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
  15. Feb 12 2021
    Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
  16. Feb 12 2021
    Brief amici curiae of Commonwealth of Virginia, et al. filed.
  17. Feb 12 2021
    Brief amici curiae of Local Governments filed.
  18. Feb 11 2021
    Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
  19. Feb 11 2021
    Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
  20. Feb 11 2021
    Brief amici curiae of Property Law Professors filed.
  21. 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)
  22. Feb 10 2021
    Brief amici curiae of National Employment Law Project, et al. filed.
  23. Feb 05 2021
    Brief of respondents Victoria Hassid, et al. filed.
  24. Feb 04 2021
    Record requested from the U.S.C.A. 9th Circuit.
  25. Feb 04 2021
    Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
  26. Feb 01 2021
    SET FOR ARGUMENT on Monday, March 22, 2021.
  27. 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.
  28. Jan 21 2021
    Motion for an extension of time filed by responents.
  29. Jan 07 2021
    Brief amicus curiae of Institute for Justice filed.
  30. Jan 07 2021
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  31. Jan 07 2021
    Brief amicus curiae of United States filed.
  32. Jan 07 2021
    Brief amicus curiae of The Buckeye Institute filed.
  33. Jan 07 2021
    Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
  34. Jan 07 2021
    Brief amici curiae of State of Oklahoma, et al. filed.
  35. Jan 07 2021
    Brief amicus curiae of American Farm Bureau Federation filed.
  36. Jan 07 2021
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  37. Jan 07 2021
    Brief amicus curiae of Liberty Justice Center filed.
  38. Jan 06 2021
    Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
  39. Jan 06 2021
    Brief amicus curiae of New England Legal Foundation filed.
  40. Jan 06 2021
    Brief amicus curiae of California Farm Bureau Federation filed.
  41. Jan 06 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.
  42. Jan 06 2021
    Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
  43. Jan 06 2021
    Brief amicus curiae of Mountain States Legal Foundation filed.
  44. Jan 05 2021
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  45. Dec 31 2020
    Brief of petitioners Cedar Point Nursery, et al. filed.
  46. Dec 31 2020
    Brief amici curiae of The Cato Institute, et al. filed.
  47. Dec 30 2020
    Brief amicus curiae of Pelican Institute for Public Policy filed.
  48. Dec 28 2020
    Motion for an extension of time filed.
  49. 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.
  50. Dec 07 2020
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  51. Dec 02 2020
    Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
  52. Nov 24 2020
    Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
  53. Nov 13 2020
    Petition GRANTED.
  54. Nov 09 2020
    DISTRIBUTED for Conference of 11/13/2020.
  55. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  56. Oct 15 2020
    Reply of petitioners Cedar Point Nursery, et al. filed.
  57. Oct 02 2020
    Brief of respondents Victoria Hassid, et al. in opposition filed.
  58. Sep 02 2020
    Brief amici curiae of State of Oklahoma, et al. filed.
  59. Sep 02 2020
    Brief amici curiae of The Cato Institute filed.
  60. Sep 02 2020
    Brief amicus curiae of American Farm Bureau Federation filed.
  61. Sep 02 2020
    Brief amicus curiae of Institute for Justice filed.
  62. Sep 02 2020
    Brief amicus curiae of Mountain States Legal Foundation filed.
  63. Sep 02 2020
    Brief amicus curiae of Southeastern Legal Foundation filed.
  64. Aug 31 2020
    Brief amicus curiae of Pelican Institute for Public Policy filed.
  65. Aug 27 2020
    Brief amicus curiae of California Farm Bureau Federation filed.
  66. 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.
  67. Aug 18 2020
    Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
  68. Aug 06 2020
    Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
  69. Jul 29 2020
    Petition for a writ of certiorari filed. (Response due September 2, 2020)