Decided
Camreta v. Greene
Consolidated with Alford v. Greene (09-1478)
Holding
Although the Court may generally review a lower court's constitutional ruling at the behest of governmental officials who won a final judgment on constitutional grounds, here the case is moot because the respondent (the plaintiff below) no longer has a stake in preserving the court's holding because she no longer needs protection from the practice at issue.
Plain English Holding
A government official can ask the Supreme Court to review a lower court's ruling that he violated the Constitution, even if the lower court ultimately concluded that he could not be sued for that conduct.
Judgment
vacated in part and remanded, 7-2, in an opinion by Elena Kagan on May 26, 2011. Justice Scalia filed a concurring opinion. Justice Sotomayor concurred in the judgment, in an opinion that was joined by Justice Breyer. Justice Kennedy filed a dissenting opinion that was joined by Justice Thomas.
Merits Briefs
- Brief for Petitioner Bob Camreta
- Brief for Respondents Sarah Greene, Personally and as Next Friend of S.G. a Minor, and K.G. a Minor
- Reply Brief for Petitioner
Amicus Briefs
- Brief for the National Association of Social Workers and the Oregon Chapter of the National Association of Social Workers in Support of Petitioners
- Brief for the District Attorneys of San Diego County, California, and Sacramento County, California in Support of Petitioners
- Brief for the California State Association of Counties and the League of California Cities in Support of Petitioner
- Brief for the Center on the Administration of Criminal Law in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the National School Boards Association, the California School Boards Association, and the Oregon School Boards Association in Support of Petitioner
- Brief for the States of Arizona, Alabama, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming in Support of Petitioner
- Brief for the Los Angeles County District Attorney on Behalf of Los Angeles County, the California District Attorneys Association, the National District Attorneys Association, and the Arizona Prosecuting Attorneys’ Advisory Council in Support of Petitioner James Alford (in 09-1478 only)
- Brief for the Children’s Advocacy Institute in Support of Neither Party
- Brief for the Cook County Public Guardian in Support of Neither Party and Suggesting Reversal
- Brief for Niveen Ismail in Support of Affirmance and Opinion
- Brief for the American Family Rights Association, Oregon Family Rights, the Family Advocacy Movement, the Family Legal Project of Nebraska, Inc., the Home School Legal Defense Association, the Georgia Office of Family Representation, the U.D.C. David A. Clarke School of Law Legal Clinic, and the Legal Assistance Foundation of Metropolitan Chicago in Support of Respondents
- Brief for the Family Research Council and the American Coalition for Fathers and Children in Support of Respondents
- Brief for Legal Services for Children in Support of Respondents
- Brief for the Center for Law and Education, Learning Rights Law Center, Chicago Coalition for the Homeless, Pacer Center, and Parents United for Responsible Education in Support of Respondents
- Brief for the Loyola CIVITAS Childlaw Center, National Center for Youth Law, Clinical Social Work Association, Southern Poverty Law Center, Lawyers for Children, Children and Family Justice Center, Children’s Advocacy Clinic, Professor Michael S. Wald, Professor Donald N. Duquette in Support of Respondents
- Brief for the Juvenile Law Center in Support of Respondents
- Brief for the Liberty Counsel in Support of Respondents
- Brief for the Family Defense Center in Support of Respondents
- Brief for the New York University School of Law Family Defense Clinic, Columbia Law School Child Advocacy Clinic, the Bronx Defenders, the Brooklyn Family Defense Project, and the Center for Family Representation, Inc. in Support of Respondents
- Brief for the Legal Aid Society, Juvenile Rights Practice in Support of Respondents
- Brief for the Children’s Law Section of the State Bar of Michigan in Support of Respondents
- Brief for the Rutherford Institute in Support of Respondents
- Brief for the Pacific Justice Institute and CPS Watch Legal Team in Support of Respondent
- Brief of the Eagle Forum Education and Legal Defense Fund, Inc., in Support of Respondent
- Brief for the Society of Catholic Social Scientists in Support of Respondents
- Brief for the Center for Individual Rights in Support of Respondents
- Brief for the National Association of Criminal Defense Lawyers, Civil Rights and Liberties Committee of the New York County Lawyers’ Association, and the Center for Constitutional Rights in Support of Respondent
- Brief for the Battered Women’s Resource Center in Support of Respondent
[##CERT-STAGE##]
Related Coverage
May 27, 2010Petition for a writ of certiorari filed. (Response due July 2, 2010)
Jun 22, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 1, 2010Brief amici curiae of California State Association of Counties, et al. filed.
Jul 2, 2010Brief amicus curiae of Arizona Prosecuting Attorneys' Advisory Council filed.
Jul 2, 2010Brief amici curiae of Arizona, et al. filed.
Jul 8, 2010Order extending time to file response to petition to and including August 2, 2010.
Aug 2, 2010Brief of respondents Sarah Greene, Personally and as Next Friend for S. G., a Minor, and K. G., a Minor in opposition filed. VIDED.
Aug 18, 2010DISTRIBUTED for Conference of September 27, 2010.
Oct 4, 2010DISTRIBUTED for Conference of October 8, 2010.
Oct 12, 2010Petition GRANTED The petition for a writ of certiorari in No. 09-1478 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Nov 3, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 10, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from cunsel for the respondents. VIDED.
Nov 17, 2010The time within which to file the joint appendix and petitioners' briefs on the merits is extended to and including December 10, 2010. VIDED
Dec 9, 2010Joint appendix filed. Statement of costs filed. VIDED.
Dec 9, 2010Brief of petitioner Bob Camreta filed. VIDED.
Dec 10, 2010Brief of petitioner James Alford, Deschutes County Deputy Sheriff filed. VIDED.
Dec 16, 2010Brief amici curiae of National Association of Social Workers, et al. filed. VIDED.
Dec 16, 2010Brief amicus curiae of Cook County Public Guardian in support of neither party filed. VIDED.
Dec 17, 2010Brief amici curiae of California State Association of Counties, et al. filed. VIDED.
Dec 17, 2010Brief amicus curiae of Children's Advocacy Institute in support of neither party filed. VIDED.
Dec 17, 2010Brief amici curiae of Arizona, et al. filed. VIDED.
Dec 17, 2010Brief amici curiae of District Attorneys of San Diego County, et al. filed. VIDED.
Dec 17, 2010Brief amicus curiae of Center on the Administration of Criminal Law filed. VIDED. (Distributed)
Dec 17, 2010Brief amici curiae of National School Boards Association, et al. filed. VIDED.
Dec 17, 2010Brief amicus curiae of the United States filed. VIDED.
Dec 23, 2010SET FOR ARGUMENT ON Tuesday, March 1, 2011.
Dec 28, 2010The time to file respondents' brief on the merits is extended to and including January 24, 2011. VIDED.
Jan 3, 2011Application (10A678) of respondents for leave to file a consolidated brief on the merits in excess of the word limitation, submitted to Justice Kennedy.
Jan 7, 2011CIRCULATED.
Jan 11, 2011Application (10A678) granted by Justice Kennedy of respondents for leave to file a consolidated brief on the merits in excess of the word limitation.
Jan 21, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 24, 2011Brief of respondents Sarah Greene, Personally and as Next Friend for S. G., a Minor, and K. G., a Minor filed. VIDED. (Distributed)
Jan 24, 2011Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Jan 24, 2011Record from U.S.D.C. for the District of Oregon is electronic.
Jan 26, 2011Brief amicus curiae of Society of Catholic Social Scientists filed. VIDED. (Distributed)
Jan 27, 2011Brief amicus curiae of Center for Individual Rights filed. VIDED. (Distributed)
Jan 28, 2011Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. VIDED. (Distributed)
Jan 28, 2011Brief amici curiae of Pacific Justice Institute, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Battered Women's Resource Center, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Juvenile Law Center, et al.
filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Center for Law and Education, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of Family Defense Center filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of Liberty Counsel filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of Legal Services for Children filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of New York University School of Law Family Defense Clinic, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Legal Aid Society, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of Children's Law Section of the State Bar of Michigan filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of American Family Rights Association, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amici curiae of Loyola Civitas Childlaw Center, et al. filed. VIDED. (Distributed)
Jan 31, 2011Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
Feb 17, 2011Record from U.S.D.C. of Oregon (Sealed Documents) received. (1 envelope)
Feb 18, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 18, 2011Reply of petitioner Bob Camreta filed. VIDED. (Distributed)
Feb 22, 2011Reply of petitioner James Alford, Deputy Sheriff, Deschutes County, Oregon filed. VIDED. (Distributed)
Mar 1, 2011Argued. For petitioners John R. Kroger, Attorney General, Salem, Ore.; and Leondra R. Kruger, Acting Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carolyn A. Kubitschek, New York, N. Y.
May 26, 2011Adjudged to be VACATED IN PART, and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, and Alito, JJ., joined. Scalia, J., filed a concurring opinion. Sotomayor, J., filed an opinion concurring in the judgment, in which Breyer, J., joined. Kennedy, J., filed a dissenting opinion, in which Thomas, J., joined.
Jun 27, 2011JUDGMENT ISSUED.
Jul 5, 2011Record returned to U.S.D.C. for District of Oregon.
Jul 12, 2011Motion to retax costs filed by respondent Sarah Greene, Personally and as Next Friend of S. G., a Minor, and K. G., a Minor. VIDED.
Jul 13, 2011Opposition of petitioner Camreta to motion to retax costs filed. VIDED.
Jul 14, 2011Response of petitioner Alford in support of petitioner Camreta's opposition to motion to retax costs. VIDED.
Jul 27, 2011Motion DISTRIBUTED for Conference of September 26, 2011.
Oct 3, 2011Motion to retax costs filed by respondents GRANTED. VIDED.
Oct 3, 2011MODIFIED judgment issued.
Recommended Citation: Camreta v. Greene, SCOTUSblog, https://www.scotusblog.com/cases/camreta-v-greene/