Skip to content

Horne v. Department of Agriculture

Docket No. Op. Below Argument Opinion Vote Author Term
12-123 9th Cir. Mar 20, 2013 Jun 10, 2013 9-0 Thomas OT 2012

Holding: A farmer who is deemed to have violated an agricultural marketing order, is fined, has a fine assessed against him, and seeks to argue that the fine is an unconstitutional "taking" can bring his "takings" claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 10, 2013.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/04/2012Administrative record from U.S. Dept. of Justice is electronic.
05/29/2012Application (11A1125) to extend the time to file a petition for a writ of certiorari from June 10, 2012 to August 9, 2012, submitted to Justice Kennedy.
06/01/2012Application (11A1125) granted by Justice Kennedy extending the time to file until July 25, 2012.
07/25/2012Petition for a writ of certiorari filed. (Response due August 27, 2012)
08/21/2012Order extending time to file response to petition to and including September 26, 2012.
08/27/2012Brief amici curiae of Cato Institute, et al. filed.
09/19/2012Order further extending time to file response to petition to and including October 26, 2012.
10/26/2012Brief of respondent Department of Agriculture in opposition filed.
11/05/2012DISTRIBUTED for Conference of November 20, 2012.
11/05/2012Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
11/20/2012Petition GRANTED.
12/21/2012The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 9, 2013.
12/21/2012The time to file respondent's brief on the merits is extended to and including February 12, 2013.
01/07/2013SET FOR ARGUMENT ON Wednesday, March 20, 2013
01/09/2013Brief of petitioners Marvin D. Horne, et al. filed.
01/09/2013Joint appendix filed. (Statement of costs received)
01/16/2013Brief amici curiae of Cato Institute, et al. filed.
01/16/2013Brief amicus curiae of Chamber of Commerce of the United States of America filed.
01/16/2013Brief amici curiae of Constitutional Law Scholars filed.
01/16/2013Brief amicus curiae of Texas filed.
01/18/2013Record from U.S.C.A. for 9th Circuit is electronic.
01/18/2013Record from U.S.D.C. for Eastern Districtof California (Fresno) is electronic.
01/23/2013CIRCULATED.
02/04/2013Administrative record from U.S. Dept. of Justice is electronic.
02/12/2013Brief of respondent Department of Agriculture filed. (Distributed)
02/19/2013Brief amicus curiae of International Municipal Lawyers Association filed. (Distributed)
02/19/2013Brief amicus curiae of Sun-Maid Growers of California filed. (Distributed)
03/13/2013Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
03/20/2013Argued. For petitioners: Michael W. McConnell, Washington, D. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/10/2013Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
07/12/2013JUDGMENT ISSUED.

Holding: A farmer who is deemed to have violated an agricultural marketing order, is fined, has a fine assessed against him, and seeks to argue that the fine is an unconstitutional “taking” can bring his “takings” claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims.

 

Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 10, 2013.