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AMICUS BRIEFS

Pending merits cases and the info required to execute an amicus filing. Check Supreme Court docket for official dates and addresses.

case number

case title
  • Certiorari Granted on March 19, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due by June 1, 2018.

    • Amicus Briefs in support of Respondents are due by August 6, 2018.

    Counsel for Petitioner

    Noel J. Francisco

    Solicitor General

    United States Department of Justice

    950 Pennsylvania Avenue, NW

    Washington, DC 20530-0001

    SupremeCtBriefs@USDOJ.gov

    202-514-2217

    Party name: Kirstjen M. Nielsen, Secretary of Homeland Security, et al.

    Counsel for Respondent

    Michael King Thomas Tan

    American Civil Liberties Union Foundation

    125 Broad St., 18th Floor

    New York, NY 10004

    212-549-2500

    mtan@aclu.org

    Party name: Mony Preap, et al.

    Question Presented

    Is a state robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" categorically a "violent felony" under the only remaining definition of that term in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i)(an offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another"), if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance?

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    Note: Ths data is unofficial.Check Supreme Court docket for official dates and addresses.

  • Certiorari Granted on January 22, 2018

    The date for argument has not yet been set.

    This case is joined to No. 17-74

    • Amicus Briefs in support of Petitioner or Neither Party are due April 23, 2018.

    • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be May 23, 2018 if the Petitioner files on its deadline.

    Counsel for Petitioner

    Timothy S. Bishop

    Mayer Brown, LLP

    71 South Wacker Drive

    Chicago, IL 60606

    312-701-7829

    tbishop@mayerbrown.com

    Party name: Weyerhaeuser Company

    Party name: United States

    Counsel for Petitioner

    John Thorvald Buse

    Center for Biological Diversity

    1212 Broadway, Suite 800

    Oakland, CA 94612

    510-844-7125

    jbuse@biologicaldiversity.org

    Party name: Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network

    Party name: United States

    -------------------

    Noel J. Francisco

    Solicitor General

    United States Department of Justice

    Washington, DC 20530-0001

    202-514-2217

    SupremeCtBriefs@USDOJ.gov

    Party name: United States Fish and Wildlife Service, et al.

    Party name: United States

    -------------------

    Mark Miller

    8645 N. Military Trail

    Suite 511

    Palm Beach Gardens, FL 33410

    United States Department of Justice

    561-691-5000

    mm@pacificlegal.org

    Party name: Markle Interests, LLC, et al.

    Question One

    1. Whether the Endangered Species Act prohibits designation of private land as unoccupied critical habitat that is neither habitat nor essential to species conservation.

    Question Two

    2. Whether an agency decision not to exclude an area from critical habitat because of the economic impact of designation is subject to judicial review.

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  • Certiorari Granted on January 22, 2018

    The date for argument has not yet been set.

    This case is joined to No. 17-71

    • Amicus Briefs in support of Petitioner or Neither Party are due by April 23, 2018

    • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be May 23, 2018 if the Petitioner files on its deadline.

    Counsel for Petitioner

    Mark Miller

    8645 N. Military Trail

    Suite 511

    Palm Beach Gardens, FL 33410

    United States Department of Justice

    561-691-5000

    mm@pacificlegal.org

    Party name: Markle Interests, LLC, et al.

    Counsel for Respondent

    Timothy S. Bishop

    Mayer Brown, LLP

    71 South Wacker Drive

    Chicago, IL 60606

    312-701-7829

    tbishop@mayerbrown.com

    Party name: Weyerhaeuser Company

    Party name: United States

    -------------------

    John Thorvald Buse

    Center for Biological Diversity

    1212 Broadway, Suite 800

    Oakland, CA 94612

    510-844-7125

    jbuse@biologicaldiversity.org

    Party name: Intervenor-respondents Center for Biological Diversity and Gulf Restoration Network

    Party name: United States

    -------------------

    Noel J. Francisco

    Solicitor General

    United States Department of Justice

    Washington, DC 20530-0001

    202-514-2217

    SupremeCtBriefs@USDOJ.gov

    Party name: United States Fish and Wildlife Service, et al.

    Party name: United States

    -------------------

    Question One

    2. Whether an agency decision not to exclude an area from critical habitat because of the economic impact of designation is subject to judicial review.

    Question Two

    2. Whether an agency decision not to exclude an area from critical habitat because of the economic impact of designation is subject to judicial review.

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  • Certiorari Granted on February 26, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due within 45 days of grant of certiorari, which would be May 14, 2018

    • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be July 11, 2018 if the Petitioner files on its deadline.

    Counsel for Petitioner

    Theodore J. Boutrous

    Gibson, Dunn & Crutcher LLP

    Los Angeles, CA 90071

    213-229-7000

    tboutrous@gibsondunn.com

    Party name: New Prime Inc.

    Counsel for Respondent

    Jennifer D. Bennett

    Public Justice

    555 12th Street, Suite 1230

    Oakland, CA 94607

    (510) 622-8150

    jbennett@publicjustice.net

    Party name: Dominic Oliveira

    Question 1

    1. Whether a dispute over applicability of the FAA's Section 1 exemption is an arbitrability issue that must be resolved in arbitration pursuant to a valid delegation clause.

    Question 2

    2. Whether the FAA's Section 1 exemption, which applies on its face only to "contracts of employment," is inapplicable to independent contractor agreements.

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  • Certiorari Granted on February 26, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due May 7, 2018.

    • Amicus Briefs in support of Respondents are due July 5, 2018.

    Counsel for Petitioner

    E. Joshua Rosenkranz

    Orrick Herrington & Sutcliffe LLP

    51 West 52nd Street

    New York, NY 10019

    212-506-5000

    jrosenkranz@orrick.com

    Party name: Mount Lemmon Fire District

    Counsel for Respondent

    Don T. Awerkamp

    Awerkamp & Bonilla, PLC

    6891 N. Oracle Road, Suite 155

    Tucson, AZ 85704

    (520) 798-5282

    da@abdilaw.com

    Party name: John Guido, et al.

    Question Presented

    Under the ADEA, does the same twenty-employee minimum that applies to private employers also apply to political subdivisions of a State, as the Sixth, Seventh, Eighth, and Tenth Circuits have held, or does the ADEA apply instead to all State political subdivisions of any size, as the Ninth Circuit held in this case?

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  • Certiorari Granted on March 5, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due May 21, 2018.

    • Amicus Briefs in support of Respondents are due July 20, 2018.

    Counsel for Petitioner

    J. David Breemer

    Pacific Legal Foundation 930 G Street

    Sacramento, CA 95814

    (916) 419-7111

    Party name: Rose Mary Knick

    Counsel for for Respondent

    Teresa Ficken Sachs

    Marshall Dennehey Warner Coleman & Goggin

    2000 Market Street

    Suite 2300

    Philadelphia, PA 19103

    215-575-2000

    tfsachs@mdwcg.com

    Party name: Township of Scott, Pennsylvania

    Question 1

    Whether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985), requiring property owners to exhaust state court remedies to ripen federal takings claims, as suggested by Justices of this Court? See Arrigoni Enterprises, LLC V. Town of Durham, 136 S. Ct. 1409 (2016) (Thomas, J., joined by Kennedy, J., dissenting from denial of certiorari); San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323, 348 (2005) (Rehnquist, C.J., joined by O'Connor, Kennedy, and Thomas, JJ., concurring in judgment).

    Question 2

    Alternately, whether Williamson County's ripeness doctrine bars review of takings claims asserting that a law causes an unconstitutional taking on its face as the Sixth, Ninth, Tenth and now Third Circuits hold, or whether facial claims are exempt from Williamson County, as the First, Fourth, and Seventh Circuits hold?

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    Note: Ths data is unofficial.Check Supreme Court docket for official dates and addresses.

  • Certiorari Granted on April 2, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due within 45 days of grant of certiorari, which would be April 23, 2018.

    • Amicus Briefs in support of Respondents are due within 30 days of the filing of the Petitioner's Merits Brief, which would be May 23, 2018 if the Petitioner files on its deadline.

    Counsel for Petitioner

    Brenda G. Bryn

    1 East Broward Boulevard, Suite 1100

    Fort Lauderdale, FL 33301-1100

    (954) 356-7436

    Party name: Denard Stokeling

    Counsel for Respondents

    Noel J. Francisco

    Solicitor General

    United States Department of Justice

    950 Pennsylvania Avenue, NW

    Washington, DC 20530-0001

    202-514-2217

    SupremeCtBriefs@USDOJ.gov

    Party name: United States

    Question Presented

    Whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

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    Note: Ths data is unofficial.Check Supreme Court docket for official dates and addresses.

  • Certiorari Granted on March 5, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due May 25, 2018.

    • Amicus Briefs in support of Respondents are due August 2, 2018.

    Counsel for Petitioner

    Sarah Baumgartel

    Federal Defenders of New York, Inc.

    52 Duane Street

    10th Floor

    New York, NY 10007

    sarah_baumgartel@fd.org

    212-417-8772

    Party name: Herman Gundy

    Counsel for Respondent

    Noel J. Francisco

    Solicitor General

    United States Department of Justice

    950 Pennsylvania Avenue, NW

    Washington, DC 20530-0001

    202-514-2217

    SupremeCtBriefs@USDOJ.gov

    Party name: United States

    Question 1

    (1) Whether convicted sex offenders are "required to register” under the federal Sex Offender Notification and Registration Act ("SORNA”) while in custody, regardless of how long they have until release.

    Question 2

    (2) Whether all offenders convicted of a qualifying sex offense prior to SORNA's enactment are "required to register" under SORNA no later than August 1, 2008.

    Question 3

    (3) Whether a defendant violates 18 U.S.C. § 2250(a), which requires interstate travel, where his only movement between states occurs while he is in the custody of the Federal Bureau of Prisons and serving a prison sentence.

    Question 4

    (4) Whether SORNA's delegation of authority to the Attorney General to issue regulations under 42 U.S.C. § 16913(d) violates the nondelegation doctrine.

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  • Certiorari Granted on February 26, 2018

    The date for argument has not yet been set.

    • Amicus Briefs in support of Petitioner or Neither Party are due May 22, 2018.

    • Amicus Briefs in support of Respondents are due July 31, 2018.

    Counsel for Petitioner

    Bryan A. Stevenson

    122 Commerce Street

    Montgomery, AL 36104

    (334) 269-1803

    Party name: Vernon Madison

    Counsel for Respondent

    James Roy Houts

    Office of the Alabama Attorney General

    Office of the Attorney General

    P.O. Box 3000152

    Montgomery, AL 36130-0152

    3343531513

    jhouts@ago.state.al.us

    Party name: State of Alabama

    Question 1

    1. Consistent with the Eighth Amendment, and this Court's decisions in Ford and Panetti, LOWER COURT CASE NUMBER: CC-1985-001385.80 CERT. GRANTED 2/26/2018 may the State execute a prisoner whose mental disability leaves him without memory of his commission of the capital offense? See Dunn v. Madison, 138 S. Ct. 9, 12 (Nov. 6, 2017) Ginsburg, J., with Breyer, J., and Sotomayor, J., concurring).

    Question 2

    2. Do evolving standards of decency and the Eighth Amendment's prohibition of cruel and unusual punishment bar the execution of a prisoner whose competency has been compromised by vascular dementia and multiple strokes causing severe cognitive dysfunction and a degenerative medical condition which prevents him from remembering the crime for which he was convicted or understanding the circumstances of his scheduled execution?

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