Bank of America Corp. v. City of Miami
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1111 | 11th Cir. | Nov 8, 2016 | May 1, 2017 | 5-3 | Breyer | OT 2016 |
Holding: (1) The city of Miami is an "aggrieved person" authorized to bring suit under the Fair Housing Act; and (2) the U.S. Court of Appeals for the 11th Circuit erred in concluding that the city's complaints, charging that the banks engaged in discriminatory conduct that led to a disproportionate number of foreclosures and vacancies in majority-minority neighborhoods, which diminished the city’s property-tax revenue and increased the demand for police, fire, and other municipal services, met the FHA's proximate-cause requirement based solely on the finding that the city's alleged financial injuries were foreseeable results of the banks' misconduct; proximate cause under the FHA requires “some direct relation between the injury asserted and the injurious conduct alleged”; the lower courts should define, in the first instance, the contours of proximate cause under the FHA and decide how that standard applies to the city's claims for lost property-tax revenue and increased municipal expenses.
Judgment: Vacated and remanded, 5-3, in an opinion by Justice Breyer on May 1, 2017. Justice Thomas filed an opinion concurring in part and dissenting in part, in which Justices Kennedy and Alito joined. Justice Gorsuch took no part in the consideration or decision of the cases.
SCOTUSblog Coverage
- Opinion analysis: Five justices keep city’s discriminatory lending lawsuit alive (Amy Howe, May 1, 2017)
- Argument analysis: City likely to prevail, one way or another, in fair housing case (Amy Howe, November 8, 2016)
- Argument preview: Justices to consider scope of Fair Housing Act (Amy Howe, November 3, 2016)
- Court to hear major new controversies -- next Term (Lyle Denniston, June 28, 2016)
| Date | Proceedings and Orders |
|---|---|
| Jan 21 2016 | Application (15A766) to extend the time to file a petition for a writ of certiorari from February 3, 2016 to March 4, 2016, submitted to Justice Thomas. |
| Jan 25 2016 | Application (15A766) granted by Justice Thomas extending the time to file until March 4, 2016. |
| Mar 4 2016 | Petition for a writ of certiorari filed. (Response due April 4, 2016) |
| Apr 4 2016 | Brief amici curiae of American Bankers Association, et al. filed. VIDED. |
| Apr 4 2016 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED. |
| Apr 4 2016 | Waiver of right of respondent City of Miami, Florida to respond filed. |
| Apr 13 2016 | DISTRIBUTED for Conference of April 29, 2016. |
| Apr 20 2016 | Response Requested . (Due May 20, 2016) |
| May 20 2016 | Brief of respondent City of Miami, Florida in opposition filed. |
| May 25 2016 | Letter of May 25, 2016, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5. |
| May 31 2016 | DISTRIBUTED for Conference of June 16, 2016. |
| May 31 2016 | Reply of petitioners Bank of America Corporation, et al. filed. (Distributed) |
| Jun 20 2016 | DISTRIBUTED for Conference of June 23, 2016. |
| Jun 27 2016 | DISTRIBUTED for Conference of June 27, 2016. |
| Jun 28 2016 | Petition GRANTED. The petition for a writ of certiorari in No. 15-1112 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Jul 29 2016 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 22, 2016. VIDED. |
| Jul 29 2016 | The time to file respondents' brief on the merits is extended to and including September 30, 2016. VIDED. |
| Aug 18 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners |
| Aug 18 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent. VIDED |
| Aug 22 2016 | Joint appendix filed. VIDED. (Statement of costs received.) |
| Aug 22 2016 | Brief of petitioners Bank of America Corporation, et al. filed. |
| Aug 29 2016 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Aug 29 2016 | Brief amici curiae of American Bankers Association, et al. filed. VIDED. |
| Aug 29 2016 | Brief amicus curiae of The Cato Institue filed. VIDED. |
| Aug 29 2016 | Brief amicus curiae of DRI - Voice of the Defense Bar filed. VIDED. |
| Sep 2 2016 | SET FOR ARGUMENT On Tuesday November 8, 2016 |
| Sep 9 2016 | Record has been requested from the U.S.C.A. 11th Circuit. |
| Sep 20 2016 | Record received from the U.S.D.C. Southern Dist. of Florida is electronic. |
| Sep 28 2016 | CIRCULATED |
| Sep 30 2016 | Brief of respondent City of Miami, Florida filed. (Distributed) |
| Oct 7 2016 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed) VIDED. |
| Oct 7 2016 | Brief amicus curiae of United States filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of National Association of Counties, et al. filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of Anita Trafficante, et al. filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of AARP and AARP Foundation filed. VIDED.(Distributed) |
| Oct 7 2016 | Brief amici curiae of Fraternal Order of Police, Miami Lodge 20, and Florida Professional Firefighters, Inc. filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of The Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of Asian Americans Advancing Justice I AAJC, et al. filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of The City and County of San Francisco, The City of Los Angeles, and 24 Other Jurisdictions filed. VIDED. (Distributed) |
| Oct 7 2016 | Brief amici curiae of Housing Scholars filed. VIDED. (Distributed) |
| Oct 7 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Oct 7 2016 | Brief amici curiae of Current and Former Members of Congress filed. VIDED. (Distributed) |
| Oct 28 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. VIDED |
| Oct 28 2016 | Reply of petitioners Bank of America Corporation, et al. filed. (Distributed) |
| Nov 8 2016 | Argued. For petitioners: Neal K. Katyal, Washington, D. C. For respondents: Robert S. Peck, Fairfax Station, Va.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED. |
| Nov 28 2016 | Letter of counsel for respondent City of Miami, Florida filed. VIDED. (Distributed) |
| May 1 2017 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Kennedy and Alito, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the cases. VIDED. |
| Jun 2 2017 | JUDGMENT ISSUED. |
