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Cedar Point Nursery v. Hassid

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.

DateProceedings and Orders (key to color coding)
07/29/2020Petition for a writ of certiorari filed. (Response due September 2, 2020)
08/06/2020Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
08/18/2020Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
08/19/2020Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
08/27/2020Brief amicus curiae of California Farm Bureau Federation filed.
08/31/2020Brief amicus curiae of Pelican Institute for Public Policy filed.
09/02/2020Brief amici curiae of State of Oklahoma, et al. filed.
09/02/2020Brief amici curiae of The Cato Institute filed.
09/02/2020Brief amicus curiae of American Farm Bureau Federation filed.
09/02/2020Brief amicus curiae of Institute for Justice filed.
09/02/2020Brief amicus curiae of Mountain States Legal Foundation filed.
09/02/2020Brief amicus curiae of Southeastern Legal Foundation filed.
10/02/2020Brief of respondents Victoria Hassid, et al. in opposition filed.
10/15/2020Reply of petitioners Cedar Point Nursery, et al. filed.
10/21/2020DISTRIBUTED for Conference of 11/6/2020.
11/09/2020DISTRIBUTED for Conference of 11/13/2020.
11/13/2020Petition GRANTED.
11/24/2020Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
12/02/2020Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
12/07/2020Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
12/28/2020Motion for an extension of time filed.
12/28/2020Motion 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.
12/30/2020Brief amicus curiae of Pelican Institute for Public Policy filed.
12/31/2020Brief of petitioners Cedar Point Nursery, et al. filed.
12/31/2020Brief amici curiae of The Cato Institute, et al. filed.
01/05/2021Brief amicus curiae of Americans for Prosperity Foundation filed.
01/06/2021Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
01/06/2021Brief amicus curiae of New England Legal Foundation filed.
01/06/2021Brief amicus curiae of California Farm Bureau Federation filed.
01/06/2021Brief 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.
01/06/2021Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
01/06/2021Brief amicus curiae of Mountain States Legal Foundation filed.
01/07/2021Brief amicus curiae of Institute for Justice filed.
01/07/2021Brief amicus curiae of Chamber of Commerce of the United States of America filed.
01/07/2021Brief amicus curiae of United States filed.
01/07/2021Brief amicus curiae of The Buckeye Institute filed.
01/07/2021Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
01/07/2021Brief amici curiae of State of Oklahoma, et al. filed.
01/07/2021Brief amicus curiae of American Farm Bureau Federation filed.
01/07/2021Brief amicus curiae of Center for Constitutional Jurisprudence filed.
01/07/2021Brief amicus curiae of Liberty Justice Center filed.
01/21/2021Motion for an extension of time filed by responents.
01/22/2021Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
02/01/2021SET FOR ARGUMENT on Monday, March 22, 2021.
02/04/2021Record requested from the U.S.C.A. 9th Circuit.
02/04/2021Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
02/05/2021Brief of respondents Victoria Hassid, et al. filed.
02/10/2021Brief amici curiae of National Employment Law Project, et al. filed.
02/11/2021Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
02/11/2021Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
02/11/2021Brief amici curiae of Property Law Professors filed.
02/11/2021Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
02/12/2021Letter 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)
02/12/2021Brief amicus curiae of Constitutional Accountability Center filed.
02/12/2021Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
02/12/2021Brief amici curiae of Legal Historians filed.
02/12/2021Brief amicus curiae of Service Employees International Union filed.
02/12/2021Brief amicus curiae of United Farm Workers of America filed.
02/12/2021Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
02/12/2021Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
02/12/2021Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
02/12/2021Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
02/12/2021Brief amici curiae of Commonwealth of Virginia, et al. filed.
02/12/2021Brief amici curiae of Local Governments filed.
02/22/2021CIRCULATED.
03/05/2021Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
03/22/2021Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
06/23/2021Judgment 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.
07/26/2021JUDGMENT ISSUED.