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Cedar Point Nursery v. Hassid

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Docket No. Op. Below Argument Opinion Vote Author Term
20-107 9th Cir. Mar 22, 2021 Jun 23, 2021 6-3 Roberts OT 2020

Holding: A California regulation granting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization constitutes a per se physical taking.

Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 23, 2021. Justice Kavanaugh filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 29 2020Petition for a writ of certiorari filed. (Response due September 2, 2020)
Aug 06 2020Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
Aug 18 2020Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
Aug 19 2020Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
Aug 27 2020Brief amicus curiae of California Farm Bureau Federation filed.
Aug 31 2020Brief amicus curiae of Pelican Institute for Public Policy filed.
Sep 02 2020Brief amici curiae of State of Oklahoma, et al. filed.
Sep 02 2020Brief amici curiae of The Cato Institute filed.
Sep 02 2020Brief amicus curiae of American Farm Bureau Federation filed.
Sep 02 2020Brief amicus curiae of Institute for Justice filed.
Sep 02 2020Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 02 2020Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 02 2020Brief of respondents Victoria Hassid, et al. in opposition filed.
Oct 15 2020Reply of petitioners Cedar Point Nursery, et al. filed.
Oct 21 2020DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020DISTRIBUTED for Conference of 11/13/2020.
Nov 13 2020Petition GRANTED.
Nov 24 2020Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
Dec 02 2020Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
Dec 07 2020Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 28 2020Motion for an extension of time filed.
Dec 28 2020Motion 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.
Dec 30 2020Brief amicus curiae of Pelican Institute for Public Policy filed.
Dec 31 2020Brief of petitioners Cedar Point Nursery, et al. filed.
Dec 31 2020Brief amici curiae of The Cato Institute, et al. filed.
Jan 05 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
Jan 06 2021Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
Jan 06 2021Brief amicus curiae of New England Legal Foundation filed.
Jan 06 2021Brief amicus curiae of California Farm Bureau Federation filed.
Jan 06 2021Brief 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.
Jan 06 2021Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
Jan 06 2021Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 07 2021Brief amicus curiae of Institute for Justice filed.
Jan 07 2021Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 07 2021Brief amicus curiae of United States filed.
Jan 07 2021Brief amicus curiae of The Buckeye Institute filed.
Jan 07 2021Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
Jan 07 2021Brief amici curiae of State of Oklahoma, et al. filed.
Jan 07 2021Brief amicus curiae of American Farm Bureau Federation filed.
Jan 07 2021Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 07 2021Brief amicus curiae of Liberty Justice Center filed.
Jan 21 2021Motion for an extension of time filed by responents.
Jan 22 2021Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
Feb 01 2021SET FOR ARGUMENT on Monday, March 22, 2021.
Feb 04 2021Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 05 2021Brief of respondents Victoria Hassid, et al. filed.
Feb 10 2021Brief amici curiae of National Employment Law Project, et al. filed.
Feb 11 2021Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
Feb 11 2021Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
Feb 11 2021Brief amici curiae of Property Law Professors filed.
Feb 11 2021Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
Feb 12 2021Letter 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)
Feb 12 2021Brief amicus curiae of Constitutional Accountability Center filed.
Feb 12 2021Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Feb 12 2021Brief amici curiae of Legal Historians filed.
Feb 12 2021Brief amicus curiae of Service Employees International Union filed.
Feb 12 2021Brief amicus curiae of United Farm Workers of America filed.
Feb 12 2021Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
Feb 12 2021Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
Feb 12 2021Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
Feb 12 2021Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
Feb 12 2021Brief amici curiae of Commonwealth of Virginia, et al. filed.
Feb 12 2021Brief amici curiae of Local Governments filed.
Feb 22 2021CIRCULATED.
Mar 05 2021Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
Mar 22 2021Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
Jun 23 2021Judgment 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.
Jul 26 2021JUDGMENT ISSUED.