On February 26, 2014, MALDEF asked the Supreme Court to review the case of Keller v. City of Fremont,which IRLI successfully defended before the Eighth Circuit last year. In its Peitition, MALDEF argues that the Supreme Court should review Fremont, in part, because it is in conflict with the case of Villas at Parkside v City of Farmers Branch. However, MALDEF previously argued against the Supreme Court reviewing the Farmers Branch case, which presumably, based on MALDEF’s position, would have answered any concerns MALDEF has in Fremont.
On April 2, 2014, Fremont responded by pointing out that the Supreme Court recently refused to take bothFarmers Branch and Lozano v. City of Hazleton. Therefore, the Supreme Court should likewise reject hearing the Fremont case. Fremont also argues that the Fremont decision faithfully follows Supreme Court precedent. For example, the Eighth Circuit cites to Arizona v. United States more than twenty times in reaching its holding that the Fremont ordinance is not preempted.
The Supreme Court will decide on May 2, 2014 whether to grant certiorari in Fremont.