Order list

Monday, April 26, 2021

3 granted · 87 denied · 4 mandamus denied · 12 rehearings denied · 9 in pending cases · 1 order · The Court’s PDF

Certiorari granted3

1. 20-804Houston Community College System v. David Buren Wilson
2. 20-827United States v. Zayn al-Abidin Muhammad Husayn, aka Abu ZubaydahThe petitions for writs of certiorari are granted.
3. 20-843New York State Rifle & Pistol Association, Inc. v. Kevin P. Bruen, in His Official Capacity as Superintendent of New York State PoliceThe petition for a writ of certiorari is granted limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.

Orders in pending cases9

1. 20A150Texas v. Cook County, IllinoisIn 2019, the Department of Homeland Security promulgated through notice and comment a rule defining the term “public charge.” The District Court in this case vacated the rule nationwide, but that judgment was stayed pending DHS’s appeal to the United States Court of Appeals for the Seventh Circuit. On March 9, 2021, following the change in presidential administration, DHS voluntarily dismissed that appeal, thereby dissolving the stay of the District Court’s judgment. And on March 15, DHS relied on the District Court’s now-effective judgment to remove the challenged rule from the Code of Federal Regulations without going through notice and comment rulemaking. Shortly after DHS had voluntarily dismissed its appeal, a group of States sought leave to intervene in the Court of Appeals. When that request was denied, the States filed an application for leave to intervene in this Court and for a stay of the District Court’s judgment. The States argue that DHS has prevented enforcement of the rule while insulating the District Court’s judgment from review. The States also contend that DHS has rescinded the rule without following the requirements of the Administrative Procedure Act. We deny the application, without prejudice to the States raising these and other arguments before the District Court, whether in a motion for intervention or otherwise. After the District Court considers any such motion, the States may seek review, if necessary, in the Court of Appeals, and in a renewed application in this Court. Justice Barrett took no part in the consideration or decision of this application.
2. 20M70ZEGEYE, ETENAT V. WELLS FARGO BANK, N.A.The motion to direct the Clerk to file a petition for a writ of certiorari out of time is denied.
3. 20M71KING, ARNOLD V. KLEM, EDWARD, ET AL.The motion to direct the Clerk to file a petition for a writ of certiorari out of time is denied. Justice Alito took no part in the consideration or decision of this motion.
4. 20M72MT DEPT. OF PUBLIC SERVICE V. MTSUN, LLCThe motion to direct the Clerk to file a petition for a writ of certiorari out of time is denied.
5. 20-429American Medical Association v. Xavier Becerra, Secretary of Health and Human Services
6. 20-454Xavier Becerra, Secretary of Health and Human Services v. Mayor and City Council of Baltimore
7. 20-539Oregon v. Xavier Becerra, Secretary of Health and Human ServicesThe Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by Monday, May 10, 2021.
8. 20-994Volkswagen Group of America, Inc. v. The Environmental Protection Commission of Hillsborough County, FloridaThe Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration of this petition.
9. 20-7599Kevin L. Tucker v. Denis R. McDonough, Secretary of Veterans AffairsThe motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 17, 2021, within which to pay the docketing fee required by Rule 38(a).

Orders1

1. 20-746South Bay United Pentecostal Church v. Gavin Newsom, Governor of CaliforniaThe petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Tandon v. Newsom, 593 U. S. ___ (2021) (per curiam).

Certiorari denied87

1. 19-1194Jiahao Kuang v. Department of Defense
2. 20-748PHI Air Medical, LLC v. Texas Mutual Insurance Company
3. 20-819Duy T. Mai v. United States
4. 20-837Tua Mene Lebie Bakor v. Merrick B. Garland, Attorney General
5. 20-889The Sherwin-Williams Company v. Delaware County, Pennsylvania
6. 20-907SFR Investments Pool 1, LLC v. Federal Home Loan Mortgage Corporation
7. 20-908SFR Investments Pool 1, LLC v. M&T Bank
8. 20-953Michael D. Ellis v. Liberty Life Assurance Company of Boston
9. 20-1132DeMichael Tyrone Moore and Derrick Darnell Moore v. Tennessee
10. 20-1146Pamela Smith v. PacerMonitor, LLC
11. 20-1147Thomas Jefferson Smallwood v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
12. 20-1150Shelby L. Haynes v. Central States, Southeast and Southwest Areas Health and Welfare Fund
13. 20-1156Alan H. Olefsky v. Illinois Department of Financial and Professional Regulation
14. 20-1169William Albert Haynes, III v. World Wrestling Entertainment, Inc.
15. 20-1226Tracy Will Vaughn v. Arkansas
16. 20-1264Fusion IV Pharmaceuticals, Inc., dba Axia Pharmaceutical v. Anne Sodergren
17. 20-1278Johlen Johnson, et ux. v. JP Morgan Chase Bank, N.A.
18. 20-1292Parts Galore L.L.C. v. Jacqueline Harrison
19. 20-1296Walter Skipper v. A&M Dockside Repair, Incorporated
20. 20-1338Li Li v. J.C. Penney Company, Incorporated
21. 20-1341Volvy Smilowitz v. United States
22. 20-1344Jeffrey T. Maehr v. United States
23. 20-1350Go New York Tours, Inc. v. Gray Line New York Tours, Inc.
24. 20-1361Regina B. Heisler, Individually and as the Executrix of the Succession of Frederick P. Heisler v. Girod LoanCo, LLC
25. 20-1366Jesus Gomez-Arzate v. United States
26. 20-1371Bart Posey, Sr. v. United States
27. 20-6359Andrew Rey Ybaben v. United States
28. 20-6374Terrance Nathaniel Brown, Jr. v. United States
29. 20-6668Christopher Zamarripa v. United States
30. 20-6756David Ray Wallace v. United States
31. 20-6799Kosoul Chanthakoummane v. Texas
32. 20-6876Leon Tollette v. Benjamin Ford, Warden
33. 20-7184Mitchell Wagner v. Archie D. Scarborough
34. 20-7191Curtis Shuler v. Kenneth E. Lassiter
35. 20-7196Kristy Renee Rasnick v. Dickenson County Department of Social Services
36. 20-7212Kareem Davenport v. Illinois
37. 20-7219Cedric C. Westbrook v. California
38. 20-7222Ian Lamonte Cormier v. Riverside County District Attorney
39. 20-7225Derek Michael Rigsby v. Colorado
40. 20-7227Marcus Conner v. Indiana
41. 20-7236Vincent E. Boyd v. Dylon Radtke, Warden
42. 20-7239Hung Linh Hoang v. Raymond Madden, Warden
43. 20-7245Jeremy Kerr v. John Collier, Judge, Court of Common Pleas of Ohio, Henry County
44. 20-7248Jonathan Lee Page v. Mark S. Inch, Secretary, Florida Department of Corrections
45. 20-7249Derrick Miles v. Illinois
46. 20-7261Randell Joseph Redmond v. United States Court of Appeals for the Fifth Circuit
47. 20-7264Graham Jay Sonnenberg v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
48. 20-7271Ramon A. Boyce v. Ohio
49. 20-7315Ursula Owens v. Ohio
50. 20-7331Kevin L. Martin v. Frank Vanihel, Warden
51. 20-7332Justin Laster v. Georgia
52. 20-7334Raymond E. Carr v. Andrew M. Saul, Commissioner of Social Security
53. 20-7347Warren Tarver v. Mark S. Inch, Secretary, Florida Department of Corrections
54. 20-7401Ronald Brandon v. Jay Forshey, Warden
55. 20-7431Anthony O. Wint, Jr., By and Through His Next Friend, Oral Wint v. Ric Bradshaw, Sheriff, Palm Beach County, Florida
56. 20-7442Ahmad Shalash v. David W. Gray, Warden
57. 20-7454Delwyn Manuel v. Mark S. Inch, Secretary, Florida Department of Corrections
58. 20-7492Justice Towan Roundtree v. United States
59. 20-7505Olin Matice Gaskins v. West Virginia
60. 20-7511Carlos A. Espinoza v. W. L. Montgomery, Acting Warden
61. 20-7543Victor Real-Alomar, aka Toston v. United States
62. 20-7544Demian Dominguez, aka Demain Dominguez v. Brian E. Williams
63. 20-7547Saloman Martinez v. United States
64. 20-7548David Antoine Luster v. Bradley M. Trate, Warden
65. 20-7554Eron Jordan v. United States
66. 20-7563Emem Ufot Udoh v. Becky Dooley, Warden
67. 20-7564Emem Ufot Udoh v. United States District Court for the District of Minnesota
68. 20-7580Trinidad Jesus Garcia v. United States
69. 20-7586Phillip Blough v. United States
70. 20-7591Herminio Perales-Perez v. United States
71. 20-7593Fernando Clarke v. United States
72. 20-7594Rashawn Donnell Williams v. United States
73. 20-7598Marcellus Thomas v. Sonja Nicklaus, Warden
74. 20-7608Emmanuel Oluwatosin Kazeem v. United States
75. 20-7619Thomas Powers v. Greg Scott
76. 20-7624Jeremy Randolph Martin v. United States
77. 20-7635Lisa Biron v. United States
78. 20-7636Marcus Anthony Barnes v. United States
79. 20-7639Joseph A. Harris v. Michael Pacheco, Warden
80. 20-7640Nicholas Corey Garner v. United States
81. 20-7652Lawrence L. Colton v. J. A. Terris, WardenThe petitions for writs of certiorari are denied.
82. 20-1137California Parents for the Equalization of Educational Materials v. Tom TorlaksonThe motion of Shree Shakti Mandir of Atlanta, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this motion and this petition.
83. 20-1259Protect Our Parks, Inc. v. City of Chicago, IllinoisThe petition for a writ of certiorari is denied. Justice Barrett took no part in the consideration or decision of this petition.
84. 20-1352Alexander Christian Miles v. United StatesThe petition for a writ of certiorari is denied. Justice Gorsuch took no part in the consideration or decision of this petition.
85. 20-7201Jerry Neil Alfred v. Mark S. Inch, Secretary, Florida Department of CorrectionsThe motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
86. 20-7233John Dan Bumphus, Jr. v. Unique Personnel ConsultantsThe petition for a writ of certiorari is denied. Justice Barrett took no part in the consideration or decision of this petition.
87. 20-7629Robert Earl Martin v. United StatesThe petition for a writ of certiorari is denied. Justice Alito took no part in the consideration or decision of this petition.

Mandamus denied4

1. 20-7211In Re Jeremy L. Dale
2. 20-7597In Re Gary Peel
3. 20-7603In Re Bruce Allen RutherfordThe petitions for writs of mandamus are denied.
4. 20-1145In Re Lakshmi ArunachalamThe petition for a writ of mandamus is denied. The Chief Justice took no part in the consideration or decision of this petition.

Rehearings denied12

1. 20-752Gavin B. Davis v. California
2. 20-756Christopher Gary Baylor v. Ayano Eto, fka Ayano Eto Baylor
3. 20-766David Archer v. Winn Dixie Stores, Inc.
4. 20-771Debera P. v. Maine Department of Health and Human Services
5. 20-820Denise Jackson v. Wells Fargo Home Mortgage
6. 20-931Wynship W. Hillier v. Central Intelligence Agency
7. 20-5764Rodney Berryman, Sr. v. Robert K. Wong, Warden
8. 20-6041Raymond Lewis Perry v. United States
9. 20-6796Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections
10. 20-6801Mauro C. Palacio v. B. Sullivan
11. 20-7292Matthew Lee Staszak v. United StatesThe petitions for rehearing are denied.
12. 20-7115Christopher A. Carter v. Frank Lawrence, WardenThe petition for rehearing is denied. Justice Barrett took no part in the consideration or decision of this petition.