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(ORDER LIST: 578 U.S.)
MONDAY, MAY 23, 2016
CERTIORARI -- SUMMARY DISPOSITIONS
15-1 JOHNSON, SHERMAINE A. V. MANIS, WARDEN
The 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 Fourth Circuit for further consideration in light of Montgomery v. Louisiana, 577 U. S. ____ (2016).
Justice Thomas, with whom Justice Alito joins, concurring in the decision to grant, vacate, and remand in this case: The Court has held the petition in this and many other cases pending the decision in Montgomery v. Louisiana, 577 U. S. ___ (2016). In holding this petition and now vacating and remanding the judgment below, the Court has not assessed whether petitioner's asserted entitlement to retroactive relief "is properly presented in the case." Id., at ___ (slip op., at 13). On remand, courts should understand that the Court's disposition of this petition does not reflect any view regarding petitioner's entitlement to relief. The Court's disposition does not, for example, address whether an adequate and independent state ground bars relief, whether petitioner forfeited or waived any entitlement to relief (by, for example, entering into a plea agreement waiving any entitlement to relief), or whether petitioner's sentence actually qualifies as a mandatory life without parole sentence.
Justice Alito, with whom Justice Thomas joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U. S. ____ (2016) (Alito, J., concurring).
Justice Sotomayor, with whom Justice Ginsburg joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U. S. ____ (2016) (Sotomayor, J., concurring).
15-620 JONES, ERIC A., ET AL. V. GILLIE, PAMELA, ET AL.
The 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 Sixth Circuit for further consideration in light of Sheriff v. Gillie, 578 U. S. ___
(2016).
15-785 PUNDT, EDWARD V. VERIZON COMMUNICATIONS, ET AL.
The 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 Fifth Circuit for further
consideration in light of Spokeo, Inc. v. Robins, 578 U. S. ___
(2016).
15-1100 CATHOLIC HEALTH CARE SYSTEM, ET AL. V. BURWELL, SEC. OF H&HS, ET AL.
The 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 Second Circuit in light of Zubik v. Burwell, 578 U. S. ___ (2016). Nothing in the Zubik opinion, or in the opinions or orders of the courts below, is to affect the ability of the Government to ensure that women covered by petitioners' health plans "obtain, without cost, the full range of FDA approved contraceptives." Wheaton College v. Burwell, 573 U. S. ___, ___ (2014) (slip op., at 1). Through this litigation, petitioners have made the Government aware of their view that they meet "the requirements for exemption from the contraceptive coverage requirement on religious grounds." Id., at ___ (slip op., at 2). Nothing in the Zubik opinion, or in the opinions or orders of the courts below, "precludes the Government from relying on this notice, to the extent it considers it necessary, to facilitate the provision of full contraceptive coverage" going forward. Ibid. Because the Government may rely on this notice, the Government may not impose taxes or penalties on petitioners for failure to provide the relevant notice.
Justice Sotomayor, with whom Justice Ginsburg joins, concurs in the decision to grant, vacate, and remand in this case for the reasons expressed in Zubik v. Burwell, 578 U. S. ___ (2016) (Sotomayor, J., concurring).
15-1131 MI CATHOLIC CONFERENCE, ET AL. V. BURWELL, SEC. OF H&HS, ET AL.
The 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 Sixth Circuit in light of Zubik
v. Burwell, 578 U. S. ___ (2016). Nothing in the Zubik opinion,
or in the opinions or orders of the courts below, is to affect
the ability of the Government to ensure that women covered by
petitioners' health plans "obtain, without cost, the full range
of FDA approved contraceptives." Wheaton College v. Burwell,
573 U. S. ___, ___ (2014) (slip op., at 1). Through this
litigation, petitioners have made the Government aware of their
view that they meet "the requirements for exemption from the
contraceptive coverage requirement on religious grounds." Id.,
at ___ (slip op., at 2). Nothing in the Zubik opinion, or in
the opinions or orders of the courts below, "precludes the
Government from relying on this notice, to the extent it
considers it necessary, to facilitate the provision of full
contraceptive coverage" going forward. Ibid. Because the
Government may rely on this notice, the Government may not
impose taxes or penalties on petitioners for failure to provide
the relevant notice.
Justice Sotomayor, with whom Justice Ginsburg joins, concurs in the decision to grant, vacate, and remand in this case for the reasons expressed in Zubik v. Burwell, 578 U. S. ___ (2016) (Sotomayor, J., concurring).
15-6284 KNOTTS, WILLIAM V. ALABAMA
15-6290 BONDS, JAMES W. V. ALABAMA
15-6300 SLATON, NATHAN V. ALABAMA
15-6306 FLOWERS, CLAYTON J. V. ALABAMA
15-6904 BARNES, MICHAEL S. V. ALABAMA
15-6905 BARNES, MICHAEL S. V. ALABAMA
The motions of petitioners for leave to proceed in forma
pauperis and the petitions for writs of certiorari are granted.
The judgments are vacated, and the cases are remanded to the Court
of Criminal Appeals of Alabama for further consideration in
light of Montgomery v. Louisiana, 577 U. S. ____ (2016).
Justice Thomas, with whom Justice Alito joins, concurring in the decision to grant, vacate, and remand in these cases: The Court has held the petitions in these and many other cases pending the decision in Montgomery v. Louisiana, 577 U. S. ___ (2016). In holding these petitions and now vacating and remanding the judgments below, the Court has not assessed whether petitioners' asserted entitlement to retroactive relief "is properly presented in the case." Id., at ___ (slip op., at 13). On remand, courts should understand that the Court's disposition of these petitions does not reflect any view regarding petitioners' entitlement to relief. The Court's disposition does not, for example, address whether an adequate and independent state ground bars relief, whether petitioners forfeited or waived any entitlement to relief (by, for example, entering into a plea agreement waiving any entitlement to relief), or whether petitioners' sentences actually qualify as mandatory life without parole sentences.
Justice Alito, with whom Justice Thomas joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U. S. ____ (2016) (Alito, concurring).
Justice Sotomayor, with whom Justice Ginsburg joins, concurring in the decision to grant, vacate, and remand. I concur in the decision to grant, vacate, and remand. See Adams v. Alabama, 578 U. S. ____ (2016) (Sotomayor, J., concurring).
ORDERS IN PENDING CASES
15M118 PARKER, ANTHONY V. LEHIGH CTY. DOMESTIC CT., ET AL.
15M119 BANKS, FRAENCHOT D. V. UNITED STATES
15M120 MARCHAND, GREGG V. SIMONSON, ERIK
The motions to direct the Clerk to file petitions for writs
of certiorari out of time are denied.
15M121 CHISHOLM, JOHN T., ET AL. V. TWO UNNAMED PETITIONERS, ET AL.
The motion for leave to file a petition for a writ of
certiorari under seal with redacted copies for the public record
is granted.
15-8399 KIRBY, KENDA R. V. NORTH CAROLINA STATE UNIVERSITY
The motion of petitioner for reconsideration of order
denying leave to proceed in forma pauperis is denied.
15-8623 DAVIS, CATHARINE E. V. NEW YORK CITY DEPT. OF ED.
15-8680 PAUL, RONALD I. V. DE HOLCZER, PAUL D., ET AL.
The motions of petitioners for leave to proceed in forma
pauperis are denied. Petitioners are allowed until June 13, 2016,
within which to pay the docketing fees required by Rule 38(a) and
to submit petitions in compliance with Rule 33.1 of the Rules of
this Court.
CERTIORARI DENIED
15-113 LAWSON, CARRIE D. V. SAUER INC.
15-776 BOLLINGER, LARRY M. V. UNITED STATES
15-798 CHINATOWN NEIGHBORHOOD, ET AL. V. HARRIS, ATT'Y GEN. OF CA, ET AL.
15-1005 CHABAD-LUBAVITCH OF MI, ET AL. V. SCHUCHMAN, DOV, ET AL.
15-1021 SUNRISE CHILDREN'S SERVICES V. GLISSON, VICKIE, ET AL.
15-1143 GREENBLATT, MARTHA, ET VIR V. KLEIN, HOWARD
15-1147 BEE'S AUTO, INC., ET AL. V. CLERMONT, FL
15-1149 DIBBS, STEPHEN J. V. HILLSBOROUGH COUNTY, FL
15-1155 GOSSAGE, HENRY E. V. TERRILL, RICHARD, ET AL.
15-1156 VILLAGE SUPERMARKETS, ET AL. V. HANOVER 3201 REALTY, LLC
15-1160 DOW CHEMICAL CO. V. NOVA CHEMICALS CORP., ET AL.
15-1165 DROMGOOLE, MELISSA V. TEXAS
15-1168 RYE, MICHELLE, ET VIR V. WOMEN'S CARE CENTER, ET AL.
15-1169 BOWEN, DEBORAH V. TEXAS
15-1170 KAKOSCH, HANNO V. SIEMENS CORPORATION, ET AL.
15-1171 TAYLOR, CURTIS V. US NATIONAL BANK ASSOCIATION
15-1181 MILLER, ROBERT M. V. OLESIUK, SHAYNA, ET AL.
15-1221 REXINE, CHRISTINA M. V. REXINE, JOEY L.
15-1231 ASHCRAFT, JULIA A. V. KENNEDY, PATRICK D.
15-1239 HERSON, JEFFREY, ET AL. V. RICHMOND, CA
15-1250 GREEN, JOSEPH L. V. TEXAS
15-1259 BURNS, ARTIE V. REYNOLDS, WARDEN
15-1269 CARAMADRE, JOSEPH V. UNITED STATES
15-7332 SAID, MOHAMED A., ET AL. V. UNITED STATES
15-7552 GARZA, LUIS A. V. UNITED STATES
15-7561 HOLLAND, ANDREW M. V. ARKANSAS
15-7639 ASCENCIO, FRANK V. CALIFORNIA
15-7798 ADAMS, CURTIS V. UNITED STATES
15-7946 FLEMING, WILLIAM H. V. SAINI, TEJINDER, ET AL.
15-8225 KING, TERRY L. V. TENNESSEE
15-8336 WIGGINS, DAVID V. ALABAMA
15-8564 HALL, MARC V. RAMSEY COUNTY, MN, ET AL.
15-8566 BOWMAN, ERNEST V. GRIFFIN, SUPT., GREEN HAVEN
15-8568 VALDEZ, ANDREW P. V. MICHIGAN
15-8574 FORD, JON T. V. TEXAS
15-8575 MUHAMMAD, MALCOLM V. FLEMING, LIEUTENANT, ET AL.
15-8591 BERNAL, RODRIGO A. V. PFEIFFER, ACTING WARDEN
15-8592 BLAKE, ANDREW P. V. PIERCE, WARDEN, ET AL.
15-8593 BOYD, FRANCIS V. GARMAN, SUPT., ROCKVIEW, ET AL.
15-8597 BERMUDEZ, ANTONIO V. TEXAS
15-8602 MORRIS, JEROD A. V. DAVEY, ACTING WARDEN
15-8611 ELINE, PAUL H. V. WETZEL, SEC., PA DOC, ET AL.
15-8616 URREA, FABIAN C. V. MONTGOMERY, WARDEN
15-8619 VASQUEZ, LUIS V. SPEARMAN, ACTING WARDEN
15-8625 SIPPLEN, WILLIAM V. BRYSON, COMM'R, GA DOC
15-8627 AGUIRRE, LUIS A. V. AGUIRRE, TRINA S.
15-8638 SASAKI, TERENCE V. NYU HOSPITALS CENTER, ET AL.
15-8641 ALLEN, KERRY D. V. STEPHENS, DIR., TX DCJ
15-8643 LOPEZ, EFRAIN V. TEXAS
15-8647 JONES, TOMMY E. V. WILLIE, DON, ET AL.
15-8649 LITTLEPAGE, DANIEL V. OHIO
15-8650 LOZANO, JESUS D. V. DUCART, WARDEN
15-8654 WILLIAMS, TERIK V. PENNSYLVANIA, ET AL.
15-8676 WILSON, DE'MARION V. CLARKE, DIR., VA DOC
15-8682 RODRIGUEZ, JOSE S. V. CALIFORNIA
15-8731 TOWNSEND, ALBERT J. V. BRADSHAW, WARDEN
15-8745 COX, KENNETH J. V. COLORADO
15-8755 DOE, PYLORD P. V. DEPT. OF H&HS
15-8769 BOUVIER, CARLA V. COLVIN, ACTING COMM'R, SOCIAL
15-8776 SUTHERLAND, JAMES L. V. DOVEY, JOHN
15-8778 SEDINE, JEFFREY L. V. MICHIGAN
15-8785 GAY, BYRON K. V. COLORADO
15-8802 WHITE, GARY V. FLORIDA
15-8807 RIOS, KEITH R. V. MONTEREY CTY. DEPT. OF SOCIAL
15-8827 WRIGHT, JULIET V. JAMES CITY COUNTY, VA
15-8833 McKANT, BRIAN V. CAMERON, SUPT., HOUTZDALE
15-8839 PLEASANT, JEFFREY A. V. CLARKE, DIR., VA DOC
15-8891 BLANKENSHIP, D. E. V. BACA, WARDEN, ET AL.
15-8906 UHRICH, JOSHUA V. CLARK, SUPT., ALBION, ET AL.
15-8923 PEASE, JEFFREY M. V. RAEMISCH, EXEC. DIR., CO DOC
15-8937 JOHNSON, GLORIA R. V. MASONITE INT'L CORP.
15-8951 SEDA, ANTHONY W. V. MSPB
15-8953 SATIZABAL, CARLOS V. GILMORE, SUPT., GREENE, ET AL.
15-8968 HEURUNG, JOHNNY V. UNITED STATES
15-8969 HAYNES, WILLIS M. V. UNITED STATES
15-8970 GARY, WILLIE O. V. UNITED STATES
15-8979 DEEM, STEVEN V. UNITED STATES
15-8981 TAYLOR, CARLTON R. V. UNITED STATES
15-8984 TORRES, EDWIN V. V. UNITED STATES
15-8987 JIAU, WINIFRED V. UNITED STATES
15-8995 WEIKAL-BEAUCHAT, WENDY K. V. UNITED STATES
15-9001 BANUELOS-ESTRADA, RAUL V. UNITED STATES
15-9009 KILLINGBECK, JOHN C. V. UNITED STATES
15-9011 POACHES, STEPHEN V. CAMERON, SUPT., HOUTZDALE
15-9013 DESAI, SHREYANS V. UNITED STATES
15-9018 JONES, ARTHUR N. V. UNITED STATES
15-9019 JACKSON, DELDRICK D. V. UNITED STATES
15-9026 GUERRERO, JUAN V. UNITED STATES
The petitions for writs of certiorari are denied.
15-873 ANGELOTTI CHIROPRACTIC, ET AL. V. BAKER, CHRISTINE, ET AL.
The motion of California Society of Industrial Medicine and
Surgery, et al. for leave to file a brief as amici curiae is
granted. The petition for a writ of certiorari is denied.
15-1036 PENNSYLVANIA V. ROSE, STEVENSON L.
The motion of respondent for leave to proceed in forma
pauperis is granted. The petition for a writ of certiorari
is denied.
15-1118 MICHAEL'S FLOOR COVERING V. RESILIENT FLOOR COVERING, ET AL.
The motion of Associated Builders and Contractors, Inc. for
leave to file a brief as amicus curiae is granted. The petition
for a writ of certiorari is denied.
15-8530 MISSUD, PATRICK A. V. USCA 9
The 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. As the petitioner has repeatedly
abused this Court's process, the Clerk is directed not to accept
any further petitions in noncriminal matters from petitioner
unless the docketing fee required by Rule 38(a) is paid and the
petition is submitted in compliance with Rule 33.1. See Martin
v. District of Columbia Court of Appeals,
(per curiam). The Chief Justice took no part in the
consideration or decision of this motion and this petition.
15-8580 JOHNSON, R. WAYNE V. STEPHENS, DIR., TX DCJ
The 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. As the petitioner has repeatedly
abused this Court's process, the Clerk is directed not to accept
any further petitions in noncriminal matters from petitioner
unless the docketing fee required by Rule 38(a) is paid and the
petition is submitted in compliance with Rule 33.1. See Martin
v. District of Columbia Court of Appeals,
(per curiam).
15-8600 McFADDEN, CRAWLEY V. DETROIT UNITED INSURANCE, ET AL.
15-8651 SCHEIB, CAROLE L. V. BANK OF NY MELLON
15-8912 AHMED, NAWAZ V. SHELDON, WARDEN
The motions of petitioners for leave to proceed in forma
pauperis are denied, and the petitions for writs of certiorari
are dismissed. See Rule 39.8.
HABEAS CORPUS DENIED
15-9088 IN RE MICHAEL A. ZONE
15-9114 IN RE KEVIN C. FAULKNER
15-9121 IN RE HARRY E. MILES
The petitions for writs of habeas corpus are denied.
MANDAMUS DENIED
15-8658 IN RE SHAW RAHMAN
15-8735 IN RE JAMES A. McDONALD
The petitions for writs of mandamus are denied.
REHEARINGS DENIED
15-664 BLAGOJEVICH, ROD V. UNITED STATES
15-923 KIRSCHMANN, RHONDA V. KIRSCHMANN, DOLLY M.
15-1007 LOVE, UNTERS L. V. WASHINGTON
15-6958 MURRAY, BRAY J. V. WOLF, GOV. OF PA, ET AL.
15-7204 PIANKA, VICTOR V. DE LA ROSA, WARDEN, ET AL.
15-7538 WISMER, JUDITH V. SARASOTA HOUSING AUTHORITY
15-7589 LAMBERT, ANDREW J. V. MICHIGAN
15-7704 REEDMAN, DAVID V. BRYSON, COMM'R, GA DOC
15-7714 TURNER, JOHN A. V. MARYLAND
15-7897 TORRES, MARCO M. V. SCOTT, GOV. OF FL
15-8154 DHALIWAL, BALWANT S. V. IMPERIAL COUNTY, CA, ET AL.
The petitions for rehearing are denied.
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No. 052316zor
Decided: May 23, 2016
Court: United States Supreme Court
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