No. 20-107
Cedar Point Nursery, et al. v. Victoria Hassid, et al.
Tags: agricultural agricultural-access civil-rights due-process eminent-domain fifth-amendment labor-regulation labor-relations property property-rights takings takings-clause
Latest Conference:
2020-11-13
(distributed 2 times)
Question Presented (from Petition)
California law forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation. A divided panel below held that, although the regulation takes an uncompensated easement, it does not effect a per se physical taking of private property because it does not allow "24 hours a day, 365 days a year" occupation. As an eight-judge dissent from denial of rehearing en banc noted, the panel "decision not only contradicts Supreme Court precedent but also causes a conflict split."
The question presented is whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
Question Presented (AI Summary)
Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment
Docket Entries
2021-07-26
JUDGMENT ISSUED.
2021-06-23
Judgment 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.
2021-03-22
Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
2021-03-05
Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
2021-02-22
CIRCULATED.
2021-02-12
Letter 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)
2021-02-12
Brief amicus curiae of Constitutional Accountability Center filed.
2021-02-12
Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
2021-02-12
Brief amici curiae of Legal Historians filed.
2021-02-12
Brief amicus curiae of Service Employees International Union filed.
2021-02-12
Brief amicus curiae of United Farm Workers of America filed.
2021-02-12
Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
2021-02-12
Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
2021-02-12
Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
2021-02-12
Brief amici curiae of Commonwealth of Virginia, et al. filed.
2021-02-12
Brief amici curiae of Local Governments filed.
2021-02-12
Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
2021-02-11
Brief amici curiae of Property Law Professors filed.
2021-02-11
Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
2021-02-10
Brief amici curiae of National Employment Law Project, et al. filed.
2021-02-05
Brief of respondents Victoria Hassid, et al. filed.
2021-02-04
Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
2021-02-04
Record requested from the U.S.C.A. 9th Circuit.
2021-02-01
SET FOR ARGUMENT on Monday, March 22, 2021.
2021-01-22
Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
2021-01-21
Motion for an extension of time filed by responents.
2021-01-07
Brief amicus curiae of United States filed.
2021-01-07
Brief amicus curiae of Liberty Justice Center filed.
2021-01-07
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2021-01-07
Brief amicus curiae of American Farm Bureau Federation filed.
2021-01-07
Brief amici curiae of State of Oklahoma, et al. filed.
2021-01-07
Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
2021-01-07
Brief amicus curiae of The Buckeye Institute filed.
2021-01-07
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2021-01-07
Brief amicus curiae of Institute for Justice filed.
2021-01-06
Brief amicus curiae of New England Legal Foundation filed.
2021-01-06
Brief amicus curiae of California Farm Bureau Federation filed.
2021-01-06
Brief 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.
2021-01-06
Brief amicus curiae of Mountain States Legal Foundation filed.
2021-01-05
Brief amicus curiae of Americans for Prosperity Foundation filed.
2020-12-31
Brief amici curiae of The Cato Institute, et al. filed.
2020-12-31
Brief of petitioners Cedar Point Nursery, et al. filed.
2020-12-30
Brief amicus curiae of Pelican Institute for Public Policy filed.
2020-12-28
Motion 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.
2020-12-28
Motion for an extension of time filed.
2020-12-07
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2020-12-02
Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
2020-11-24
Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
2020-11-13
Petition GRANTED.
2020-11-09
DISTRIBUTED for Conference of 11/13/2020.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Reply of petitioners Cedar Point Nursery, et al. filed.
2020-10-02
Brief of respondents Victoria Hassid, et al. in opposition filed.
2020-09-02
Brief amicus curiae of Institute for Justice filed.
2020-09-02
Brief amici curiae of State of Oklahoma, et al. filed.
2020-09-02
Brief amici curiae of The Cato Institute filed.
2020-09-02
Brief amicus curiae of American Farm Bureau Federation filed.
2020-09-02
Brief amicus curiae of Mountain States Legal Foundation filed.
2020-09-02
Brief amicus curiae of Southeastern Legal Foundation filed.
2020-08-31
Brief amicus curiae of Pelican Institute for Public Policy filed.
2020-08-27
Brief amicus curiae of California Farm Bureau Federation filed.
2020-08-19
Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
2020-08-18
Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
2020-08-06
Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
2020-07-29
Petition for a writ of certiorari filed. (Response due September 2, 2020)
Attorneys
American Farm Bureau Federation
Paul J. Beard II — FisherBroyles LLP, Amicus
American Federation of Labor and Congress of Industrial Organizations
Americans for Prosperity Foundation
California Farm Bureau Federation
Carl Gale Borden — Amicus
California Rural Legal Assistance, Inc., California Rural Legal Assistance Foundation, Farmworker Justice, and California Catholic Conference
Cedar Point Nursery, et al.
Joshua Paul Thompson — Pacific Legal Foundation, Petitioner
Wencong Fa — Pacific Legal Foundation, Petitioner
Center for Constitutional Jurisprudence
Chamber of Commerce of the United States of America
Commonwealth of Virginia, et al.
Constitutional Accountability Center
Institute for Justice
Jeffrey Hallett Redfern — Institute for Justice, Amicus
International Lawyers Assisting Workers Network (ILAW), International Commission For Labor Rights (ICLR), Global Labor Justice-International Labor Rights Forum (GLJ-ILR) and Cornell Labor Law Clinic
Jeanne Ellen Mirer — Amicus
Legal Historians
Liberty Justice Center
Jeffrey Michael Schwab — Liberty Justice Center, Amicus
Local Governments
Jonathan B. Miller — Public Rights Project, Amicus
Mountain States Legal Foundation
National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, International Municipal Lawyers Association, Government Finance Officers Association
National Employment Law Project, et al.
New England Legal Foundation
Pelican Institute for Public Policy
Property Law Professors
John D. Echeverria — Vermont Law School, Amicus
Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla
Service Employees International Union
Leon Dayan — Bredhoff & Kaiser, PLLC, Amicus
Southeastern Legal Foundation
State of Oklahoma, et al.
The Buckeye Institute
Thomas Ryan McCarthy — Consovoy McCarthy PLLC, Amicus
The Cato Institute
Ilya Shapiro — Cato Institute, Amicus
United Farm Workers of America
United Food and Commercial Workers Western States Council and Teamsters Joint Council 7
United States
Victoria Hassid, et al.
Joshua Patashnik — California Department of Justice, Respondent
Western Growers Association; California Fresh Fruit Association; Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties; and Ventura County Agricultural Association