Supreme Court of the United States: Recent Episodes
Austin Songer
Supreme Court Season episodes will include all arguments that occur from October 01st to June/July.
SIDEBAR Episodes will take place between the end of the current term and the start of the next term. (July - October)
QUESTION PRESENTED:
(1) Whether various provisions of the Indian Child Welfare Act of 1978 — namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a) — violate the anticommandeering doctrine of the 10th Amendment;
(2) whether the individual plaintiffs have Article III standing to challenge ICWA’s placement preferences for “other Indian families” and for “Indian foster home[s]”; and
(3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.
https://www.scotusblog.com/case-files/cases/haaland-v-brackeen/
QUESTION PRESENTED:
(1) Whether, in light of compelling historical evidence to the contrary, the Supreme Court should reexamine its holding that spending clause legislation gives rise to privately enforceable rights under 42 U.S.C. § 1983; and
(2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987’s transfer and medication rules do so.
https://www.scotusblog.com/case-files/cases/health-and-hospital-corporation-of-marion-county-indiana-v-talevski/
QUESTION PRESENTED:
Whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.
https://www.scotusblog.com/case-files/cases/mallory-v-norfolk-southern-railway-co/
QUESTION PRESENTED:
Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the proceeding.
https://www.scotusblog.com/case-files/cases/securites-and-exchange-commission-v-cochran/
QUESTION PRESENTED:
Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the commission’s cease-and-desist orders
https://www.scotusblog.com/case-files/cases/axon-enterprise-inc-v-federal-trade-commission/
QUESTION PRESENTED:
Whether a “violation” under the Bank Secrecy Act is the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported.
QUESTION PRESENTED:
Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.
QUESTION PRESENTED:
Whether the Arizona Supreme Court’s holding that Arizona Rule of Criminal Procedure 32.1 (g) precluded post-conviction relief is an adequate and independent state-law ground for the judgment.
QUESTION PRESENTED:
(1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and
(2) whether Harvard College is violating Title VI of the Civil Rights Act by penalizing Asian American applicants, engaging in racial balancing, overemphasizing race and rejecting workable race-neutral alternatives.
- https://www.scotusblog.com/case-files/cases/students-for-fair-admissions-inc-v-president-fellows-of-harvard-college/
QUESTION PRESENTED:
(1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of higher education cannot use race as a factor in admissions; and
(2) whether a university can reject a race-neutral alternative because it would change the composition of the student body, without proving that the alternative would cause a dramatic sacrifice in academic quality or the educational benefits of overall student-body diversity.
- https://www.scotusblog.com/case-files/cases/students-for-fair-admissions-inc-v-university-of-north-carolina/
QUESTION PRESENTED:
Whether a supervisor making over $200,000 each year is entitled to overtime pay because the standalone regulatory exemption set forth in 29 C.F.R. § 541.601 remains subject to the detailed requirements of 29 C.F.R. § 541.604 when determining whether highly compensated supervisors are exempt from the Fair Labor Standards Act’s overtime-pay requirements.
Date Proceedings and Orders (key to color coding)
Jan 07 2022 | Petition for a writ of certiorari filed. (Response due February 10, 2022)
Jan 25 2022 | Blanket Consent filed by Petitioner, Helix Energy Solutions Group, Inc., et al.
Jan 27 2022 | Letter of January 25, 2022 pertaining to the corporate discosure statement, received from counsel for the petiitoners.
Feb 07 2022 | Letter of February 7, 2022 pertaining to amicus briefs, received from counsel for the petiitoners.
Feb 09 2022 | Waiver of right of respondent Michael J. Hewitt to respond filed.
Feb 09 2022 | Brief amici curiae of Texas Oil and Gas Association, Inc. and The American Petroleum Institute filed.
Feb 10 2022 | Brief amici curiae of Independent Petroleum Association of America and Offshore Operators Committee filed.
Feb 10 2022 | Brief amici curiae of Mississippi, et al. filed.
Feb 16 2022 | DISTRIBUTED for Conference of 3/4/2022.
Feb 18 2022 | Response Requested. (Due March 21, 2022)
Mar 21 2022 | Brief of respondent Michael J. Hewitt in opposition filed.
Apr 05 2022 | Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
Apr 06 2022 | DISTRIBUTED for Conference of 4/22/2022.
Apr 25 2022 | DISTRIBUTED for Conference of 4/29/2022.
May 02 2022 | Petition GRANTED.
May 06 2022 | Motion for an extension of time to file the briefs on the merits filed.
May 26 2022 | Motion for an extension of time to file the briefs on the merits filed.
Jun 07 2022 | May 26, 2022 motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 8, 2022. The time to file respondent's brief on the merits is extended to and including August 31, 2022.
Jun 14 2022 | ARGUMENT SET FOR Wednesday, October, 12, 2022.
Jun 22 2022 | Record requested from the 5th Circuit.
Jun 22 2022 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Jun 23 2022 | The record from the U.S.D.C. Southern District of Texas (Houston) has been electronically filed.
Jul 08 2022 | Joint appendix filed (statement of cost filed.)
Jul 08 2022 | Brief of petitioners Helix Energy Solutions Group, Inc., et al. filed.
Jul 13 2022 | Brief amicus curiae of Independent Petroleum Association of America filed.
Jul 15 2022 | Brief amici curiae of States of Mississippi, et al. filed.
Jul 15 2022 | Brief amici curiae of Texas Oil and Gas Association, Inc., et al. filed.
Jul 15 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jul 21 2022 | CIRCULATED
Aug 31 2022 | Brief of respondent Michael J. Hewitt filed. (Distributed)
Sep 07 2022 | Brief amicus curiae of Massachusetts Nurses Association filed. (Distributed)
Sep 07 2022 | Brief amicus curiae of United States filed. (Distributed)
Sep 07 2022 | Brief amicus curiae of National Nurses United filed. (Distributed)
Sep 07 2022 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Sep 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 28 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Sep 30 2022 | Reply of petitioners Helix Energy Solutions Group, Inc., et al. filed. (Distributed)
Oct 12 2022 | Argued. For petitioners: Paul D. Clement, Alexandria, Va. For respondent: Edwin Sullivan, Houston, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
QUESTION PRESENTED:
Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Court of Appeals for the 2nd Circuit has held).
Date Proceedings and Orders (key to color coding)
Dec 09 2021 | Petition for a writ of certiorari filed. (Response due January 12, 2022)
Dec 29 2021 | Motion to extend the time to file a response from January 12, 2022 to February 11, 2022, submitted to The Clerk.
Dec 30 2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2022.
Jan 10 2022 | Brief amici curiae of Copyright Law Professors filed.
Jan 10 2022 | Brief amici curiae of Barbara Kruger and Robert Storr filed.
Jan 12 2022 | Brief amici curiae of Art Law Professors filed.
Jan 12 2022 | Brief amici curiae of The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum filed.
Feb 04 2022 | Brief of respondents Lynn Goldsmith, et al. in opposition filed.
Feb 23 2022 | DISTRIBUTED for Conference of 3/18/2022.
Feb 23 2022 | Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022 | Petition GRANTED.
Apr 18 2022 | Motion for an extension of time to file the briefs on the merits filed.
May 02 2022 | Blanket Consent filed by Respondent, Lynn Goldsmith, et al.
May 02 2022 | Blanket Consent filed by Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.
May 04 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
Jun 10 2022 | Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.
Jun 10 2022 | Joint appendix (Volumes I and II) filed. (Statement of cost filed)
Jun 14 2022 | ARGUMENT SET FOR Wednesday, October, 12, 2022.
Jun 15 2022 | Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.
Jun 16 2022 | Brief amicus curiae of Art Law Professors filed.
Jun 17 2022 | Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Jun 17 2022 | Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.
Jun 17 2022 | Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of Authors Alliance filed.
Jun 17 2022 | Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.
Jun 17 2022 | Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Artists, et al. filed.
Jun 17 2022 | Brief amicus curiae of Copyright Alliance in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Copyright Law Professors filed.
Jun 17 2022 | Brief amici curiae of Documentary Filmmakers filed.
Jun 17 2022 | Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.
Jun 22 2022 | Record requested from the 2nd Circuit.
Jun 27 2022 | The record from the U.S.C.A. 2nd Circuit has been electronically filed.
Jul 21 2022 | CIRCULATED
Aug 08 2022 | Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)
Aug 11 2022 | Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)
Aug 12 2022 | Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)
Aug 12 2022 | Brief amicus curiae of Philippa S. Loengard filed. (Distributed)
Aug 15 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Aug 15 2022 | Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)
Aug 15 2022 | Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Association of American Publishers filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Professor Terry Kogan filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Committee for Justice filed. (Distributed)
Aug 15 2022 | Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of United States filed. (Distributed)
Sep 07 2022 | Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Sep 28 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 12 2022 | Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
QUESTION PRESENTED:
Whether the statute of limitations for a 42 U.S.C. § 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Court of Appeals for the 11th Circuit has held), or whether it begins to run at the moment the state trial court denies DNA testing, despite any subsequent appeal (as the U.S. Court of Appeals for the 5th Circuit, joining the U.S. Court of Appeals for the 7th Circuit, held below).
Date Proceedings and Orders (key to color coding)
Sep 20 2021 | Petition for a writ of certiorari filed. (Response due October 22, 2021)
Oct 13 2021 | Motion to extend the time to file a response from October 22, 2021 to November 21, 2021, submitted to The Clerk.
Oct 14 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021. See Rule 30.1
Oct 22 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center.
Oct 22 2021 | Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed.
Nov 18 2021 | Motion to extend the time to file a response from November 22, 2021 to January 5, 2022, submitted to The Clerk.
Nov 19 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including January 5, 2022.
Dec 28 2021 | Motion to extend the time to file a response from January 5, 2022 to January 19, 2022, submitted to The Clerk.
Dec 29 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including January 19, 2022.
Jan 19 2022 | Brief of respondents Bryan Goertz, et al. in opposition filed.
Feb 01 2022 | Reply of petitioner Rodney Reed filed. (Distributed)
Feb 02 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022 | DISTRIBUTED for Conference of 3/4/2022.
Mar 14 2022 | DISTRIBUTED for Conference of 3/18/2022.
Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022 | DISTRIBUTED for Conference of 4/1/2022.
Apr 11 2022 | DISTRIBUTED for Conference of 4/14/2022.
Apr 18 2022 | DISTRIBUTED for Conference of 4/22/2022.
Apr 25 2022 | Motion for leave to file amicus brief filed by Constitutional Accountability Center GRANTED.
Apr 25 2022 | Petition GRANTED.
May 02 2022 | Motion for an extension of time to file the briefs on the merits filed.
May 19 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 1, 2022. The time to file respondents' brief on the merits is extended to and including August 23, 2022.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022.
Jun 22 2022 | Blanket Consent filed by Petitioner, Rodney Reed
Jun 22 2022 | Record requested from the 5th Circuit.
Jun 22 2022 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Jun 24 2022 | Blanket Consent filed by Respondent, Bryan Goertz, et al.
Jul 01 2022 | Brief of petitioner Rodney Reed filed.
Jul 01 2022 | Joint appendix filed. (Statement of costs filed)
Jul 07 2022 | Brief amici curiae of Eight Retired Judges filed.
Jul 08 2022 | Brief amicus curiae of Professor Fred Smith Jr. filed.
Jul 08 2022 | Brief amici curiae of The Law Enforcement Action Partnership and the National Police Accountability Project filed.
Jul 08 2022 | Brief amicus curiae of Constitutional Accountability Center filed.
Jul 08 2022 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jul 08 2022 | Brief amici curiae of Texas Exonerees Michael Morton and Anthony Graves, et al. filed.
Jul 08 2022 | Brief amici curiae of Federal Courts Scholars filed.
Jul 08 2022 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 08 2022 | Brief amicus curiae of Chase Baumgartner filed.
Jul 21 2022 | CIRCULATED
Aug 03 2022 | USDC, W. Dist., Tex. record on appeal, including sealed filings, has been electronically received by the Clerk.
Aug 23 2022 | Brief of respondent Bryan Goertz filed. (Distributed)
Aug 30 2022 | Brief amici curiae of Montana, et al. filed. (Distributed)
Sep 22 2022 | Reply of petitioner Rodney Reed filed. (Distributed)
QUESTION PRESENTED:
- Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause, or whether the extraterritoriality principle described in the Supreme Court’s decisions is now a dead letter; and
- whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a claim under Pike v. Bruce Church, Inc.
Date Proceedings and Orders (key to color coding)
Sep 27 2021 | Petition for a writ of certiorari filed. (Response due October 29, 2021)
Oct 11 2021 | Waiver of right of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. to respond filed.
Oct 11 2021 | Waiver of right of respondents Humane Society of the United States, et al. to respond filed.
Oct 12 2021 | Blanket Consent filed by Petitioner, National Pork Producers Council, et al.
Oct 13 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 13 2021 | Waiver of National Pork Producers Council, et al. of right to respond not accepted for filing. (October 19, 2021)
Oct 19 2021 | Response Requested. (Due November 18, 2021)
Oct 29 2021 | Brief amicus curiae of Canadian Pork Council filed.
Nov 01 2021 | Motion to extend the time to file a response from November 18, 2021 to December 20, 2021, submitted to The Clerk.
Nov 01 2021 | Response to motion for an extension of time from petitioner National Pork Producers Council, et al. filed.
Nov 02 2021 | Motion to extend the time to file a response is granted in part and the time is extended to and including December 8, 2021, for all respondents.
Nov 10 2021 | Brief amici curiae of Indiana, et al. filed.
Nov 12 2021 | Brief amicus curiae of Cato Institute filed.
Nov 18 2021 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Nov 18 2021 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Nov 18 2021 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Dec 08 2021 | Brief of respondents Karen Ross, in her official capacity as Secretary of the California Department of Food and Agriculture, et al. in opposition filed.
Dec 08 2021 | Brief of respondents Humane Society of the United States, et al. in opposition filed.
Dec 21 2021 | Reply of petitioner National Pork Producers Council, et al. filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022 | DISTRIBUTED for Conference of 3/4/2022.
Mar 14 2022 | DISTRIBUTED for Conference of 3/18/2022.
Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022 | Petition GRANTED.
Apr 06 2022 | Joint motion for an extension of time to file the briefs on the merits filed.
Apr 22 2022 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 10, 2022. The time to file respondents' briefs on the merits is extended to and including August 8, 2022.
Apr 25 2022 | Motion to dispense with printing the joint appendix filed by petitioners National Pork Producers Council, et al.
May 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 10 2022 | Brief of petitioners National Pork Producers Council, et al. filed.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 11, 2022.
Jun 14 2022 | Brief amicus curiae of Pacific Legal Foundation filed.
Jun 17 2022 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Jun 17 2022 | Brief amicus curiae of Protect the Harvest filed.
Jun 17 2022 | Brief amicus curiae of The Buckeye Institute filed.
Jun 17 2022 | Brief amici curiae of North Carolina Chamber Legal Institute, et al. filed.
Jun 17 2022 | Brief amici curiae of The Retail Litigation Center, Inc., et al. filed.
Jun 17 2022 | Brief amicus curiae of Professor Lea Brilmayer in support of neither party filed.
Jun 17 2022 | Brief amici curiae of Canadian Pork Council, et al. filed.
Jun 17 2022 | Brief amicus curiae of American Association of Swine Veterinarians filed.
Jun 17 2022 | Brief amici curiae of Indiana, et al. filed.
Jun 17 2022 | Brief amici curiae of Agricultural And Resource Economics Professors in support of neither party filed.
Jun 17 2022 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Jun 17 2022 | Brief amici curiae of Professors Michael Knoll, et al. filed.
Jun 17 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 17 2022 | Brief amici curiae of Iowa Pork Producers Association, et al. filed.
Jun 17 2022 | Brief amicus curiae of North American Meat Institute filed.
Jun 17 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Jun 17 2022 | Brief amicus curiae of Association for Accessible Medicines filed.
Jun 17 2022 | Brief amicus curiae of United States filed.
Jun 17 2022 | Brief amicus curiae of National Taxpayers Union Foundation filed.
Jun 17 2022 | Brief amici curiae of Association Des Éleveurs De Canards Et D’oies Du Québec, et al. filed.
Jun 22 2022 | Record requested from the 9th Circuit.
Jun 23 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Jul 21 2022 | CIRCULATED
Aug 04 2022 | Brief amicus curiae of Dr. Leon Barringer filed. (Distributed)
Aug 08 2022 | Brief of State Respondents filed. (Distributed)
Aug 10 2022 | Motion for leave to file respondents' brief on the merits out of time filed by respondents The Humane Society of the United States, et al.
Aug 10 2022 | Brief of respondents The Humane Society of the United States, et al. filed (September 9, 2022). (Distributed)
Aug 12 2022 | Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Aug 12 2022 | Brief amici curiae of The Center for a Humane Economy, et al. filed. (Distributed)
Aug 15 2022 | Motion for divided argument filed by respondents The Humane Society of the United States, et al.
Aug 15 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Aug 15 2022 | Brief amici curiae of Animal Protection Organizations and Law Professors filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Worker Safety Advocates filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Donald Broom, Elena Contreras, Gwendolen Reyes-Illg, James Reynolds, and 374 Additional Animal-Welfare Scientists and Veterinarians filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Animal Protection and Rescue League, Inc. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of The American Society For The Prevention of Cruelty to Animals filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Professors Barry Friedman and Daniel T. Deacon filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Trade Law Professor Mark Wu filed. (Distributed)
Aug 15 2022 | Brief amici curiae of National League for Cities, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Jim Keen DVM PH.D, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of O. Carter Snead, Mary Eberstadt, and Matthew Scully filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Economic Research Organizations filed. (Distributed)
Aug 15 2022 | Brief amici curiae of American Public Health Association, et al. filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Public Citizen filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Federalism Scholars filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Perdue Premium Meat Company Inc. d/b/a Niman Ranch filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Global Animal Partnership and EarthClaims LLC filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Physicians Committee For Responsible Medicine filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Northeast Organic Dairy Producers Alliance filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Small and Independent Farming Businesses, et al. filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Historians Thomas Aiello and Joshua Specht filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of Association of California Egg Farmers filed. (Distributed)
Aug 15 2022 | Brief amicus curiae of ButcherBox filed. (Distributed)
Aug 15 2022 | Brief amici curiae of Constitutional Law Scholars filed. (Distributed)
Sep 07 2022 | Reply of petitioners National Pork Producers Council, et al. filed. (Distributed)
Sep 09 2022 | Motion for leave to file respondents' brief on the merits out of time GRANTED.
Sep 09 2022 | Motion for divided argument filed by respondents GRANTED.
Sep 09 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is divided as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, 25 minutes for the state respondents, and 10 minutes for The Humane Society of the United States, et al. respondents.
QUESTION PRESENTED:
(1) Whether the rebuttable presumption of equitable tolling from Irwin v. Department of Veterans Affairs applies to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, whether the government has rebutted that presumption; and
(2) whether, if 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, this case should be remanded so the agency can consider the particular facts and circumstances in the first instance.
Date Proceedings and Orders (key to color coding)
Sep 17 2021 | Petition for a writ of certiorari filed. (Response due October 21, 2021)
Oct 01 2021 | Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
Oct 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 21 2021 | Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
Nov 09 2021 | Motion to extend the time to file a response from November 22, 2021 to December 22, 2021, submitted to The Clerk.
Nov 10 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 22, 2021.
Dec 22 2021 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 30 2021 | Reply of petitioner Adolfo R. Arellano filed. (Distributed)
Jan 05 2022 | DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022 | Petition GRANTED.
Mar 10 2022 | Motion of the parties for an extension of time to file the briefs on the merits filed.
Mar 22 2022 | Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2022. The time to file respondent's brief on the merits is extended to and including July 18, 2022.
Apr 19 2022 | Motion to dispense with printing the joint appendix filed by petitioner Adolfo R. Arellano.
May 02 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 13 2022 | Brief of petitioner Adolfo R. Arellano filed.
May 19 2022 | Brief amici curiae of Disabled American Veterans and Lee Kirby filed.
May 20 2022 | Brief amici curiae of Military-Veterans Advocacy Inc. and Jewish War Veterans of the United States of America, Inc. filed.
May 20 2022 | Brief amicus curiae of Constitutional Accountability Center filed.
May 20 2022 | Brief amicus curiae of Federal Circuit Bar Association filed.
May 20 2022 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
May 20 2022 | Brief amici curiae of Edgewood Veterans, et al. filed.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022.
Jun 22 2022 | Record requested from the Federal Circuit.
Jul 06 2022 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Jul 18 2022 | Brief of respondent McDonough, Denis, Secretary of Veterans Affairs filed.
Jul 19 2022 | The record from the U.S. Court of Appeals for Veterans Claims, has been electronically filed.
Jul 21 2022 | CIRCULATED
Aug 17 2022 | Reply of petitioner Adolfo R. Arellano filed. (Distributed)
QUESTION PRESENTED:
Whether the state of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated Section 2 of the Voting Rights Act.
DateProceedings and Orders (key to color coding)
Jan 28 2022 | Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
Jan 28 2022 | Statement as to jurisdiction filed. (Response due March 9, 2022)
Jan 28 2022 | Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.
Jan 31 2022 | Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
Jan 31 2022 | Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee.
Feb 01 2022 | Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
Feb 01 2022 | Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
Feb 01 2022 | Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
Feb 02 2022 | Response to application from respondents Evan Milligan, et al. filed.
Feb 02 2022 | Reply of applicants John Merrill, et al. filed.
Feb 07 2022 | Application (21A375) referred to the Court.
Feb 07 2022 | Application (21A375) granted by the Court. The application is treated as a jurisdictional statement (No. 21-1086), and probable jurisdiction is noted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1530 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion).
Feb 22 2022 | This case is consolidated with No. 21-1087, and a total of one hour is allotted for oral argument. The question presented in these cases is: Whether the District Courts in these cases correctly found a violation of section 2 of the Voting Rights Act, 52 U. S. C. §10301.
Feb 22 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1086. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1086. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Mar 01 2022 | Joint motion of the parties for an extension of time file the briefs on the merits. VIDED.
Mar 04 2022 | Motion to modify or amend the question presented filed by appellees and respondents. VIDED.
Mar 08 2022 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix, appellants', and petitioners' briefs on the merits is extended to and including April 25, 2022. The time to file appellees' and respondents' briefs on the merits is extended to and including July 11, 2022. VIDED.
Mar 08 2022 | Application (21A493) of appellants/petitioners for leave to file consolidated opening and reply briefs on the merits, submitted to Justice Thomas. VIDED.
Mar 08 2022 | Response of appellants and petitioners to the motion to modify or amend the question presented filed. VIDED.
Mar 14 2022 | Application (21A493) granted by Justice Thomas for leave to file consolidated opening and reply briefs on the merits provided that the opening brief does not exceed 18,000 words and the reply brief does not exceed 10,000 words. VIDED.
Mar 21 2022 | Upon consideration of the motion to modify or amend the question presented, the question presented in these cases is amended as follows: Whether the State of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U. S. C. §10301. VIDED.
Mar 30 2022 | Blanket Consent filed by Respondent, Marcus Caster, et al.
Mar 30 2022 | Blanket Consent filed by Respondent, Evan Milligan, et al.
Mar 31 2022 | Blanket Consent filed by Petitioner, John H. Merrill, Alabama Secretary of State, et al.
Apr 25 2022 | Joint appendix filed (three volumes). VIDED. (Statement of costs filed)
Apr 25 2022 | Brief of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED.
Apr 29 2022 | Brief amicus curiae of Public Interest Legal Foundation filed. VIDED.
Apr 29 2022 | Brief amici curiae of Senator John Braun, et al. filed. VIDED.
Apr 29 2022 | Brief amicus curiae of Alabama Center for Law and Liberty filed. VIDED.
May 02 2022 | Brief amicus curiae of American Legislative Exchange Council filed. VIDED.
May 02 2022 | Brief amicus curiae of Project on Fair Representation filed. VIDED.
May 02 2022 | Brief amicus curiae of The National Republican Redistricting Trust filed. VIDED.
May 02 2022 | Brief amici curiae of Citizens United, et al. filed. VIDED.
May 02 2022 | Brief amicus curiae of John Wahl, Chairman, Alabama State Republican Executive Committee filed. VIDED.
May 02 2022 | Brief amicus curiae of Singleton Plaintiffs in support of neither party filed. VIDED.
May 02 2022 | Brief amicus curiae of Lawyers Democracy Fund filed. VIDED.
May 02 2022 | Brief amicus curiae of Republican National Committee filed. VIDED.
May 02 2022 | Brief amici curiae of The State of Louisiana, et al filed. VIDED.
May 02 2022 | Brief amici curiae of United States Representatives from Alabama filed. VIDED.
May 02 2022 | Brief amicus curiae of America First Legal filed. VIDED.
May 02 2022 | Brief amicus curiae of Coastal Alabama Partnership filed. VIDED.
Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED.
Jun 22 2022 | Record requested from the U.S.D.C. Northern District of Birmingham, Alabama.
Jun 24 2022 | Application of Milligan, et al. (21A869) to file appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas.
Jun 24 2022 | Application (21A871) of Caster, et al. to file respondents' brief on the merits in excess of the word limit, submitted to Justice Thomas.
Jun 30 2022 | Application (21A869) for leave to file appellees brief on the merits in excess of the word limit granted by Justice Thomas.
Jul 01 2022 | Application (21A871) to file respondents' brief on the merits in excess of the word limit granted by Justice Thomas.
Jul 11 2022 | Brief of respondents Marcus Caster, et al. filed. VIDED.
Jul 11 2022 | Brief of appellees Evan Milligan, et al. filed (in 21-1086).
Jul 18 2022 | Brief amicus curiae of American Bar Association filed. VIDED.
Jul 18 2022 | Brief amici curiae of Bipartisan Group of Senators and Congressional Staff Member-Supporters of the 1982 Voting Rights Act Amendments and 2006 Voting Rights Act Reauthorization filed. VIDED.
Jul 18 2022 | Brief amici curiae of Alabama Historians filed. VIDED.
Jul 18 2022 | Brief amici curiae of Professors Jowei Chen, Christopher S. Elmendorf, Nicholas O. Stephanopoulos, and Christopher S. Warshaw filed. VIDED.
Jul 18 2022 | Brief amicus curiae of Campaign Legal Center filed. VIDED.
Jul 18 2022 | Brief amicus curiae of The Brennan Center for Justice filed. VIDED.
Jul 18 2022 | Brief amici curiae of Computational Redistricting Experts filed. VIDED.
Jul 18 2022 | Brief amici curiae of Republican Former Governors filed. VIDED.
Jul 18 2022 | Brief amicus curiae of Professor Travis Crum filed. VIDED.
Jul 18 2022 | Brief amici curiae of Representative Terri Sewell, et al. filed. VIDED.
Jul 18 2022 | Brief amici curiae of Local Governments filed. VIDED.
Jul 18 2022 | Brief amici curiae of District of Columbia, et al. filed. VIDED.
Jul 18 2022 | Brief amicus curiae of United States filed. VIDED.
Jul 18 2022 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Jul 18 2022 | Brief amici curiae of Voting Rights Practitioners filed. VIDED.
Jul 18 2022 | Brief amici curiae of U.W. Clemon, Fred D. Gray, Henry Sanders, the Alabama Legislative Black Caucus, and Social Science Professors filed. VIDED.
Jul 18 2022 | Brief amici curiae of UCLA Social Scientists filed. VIDED.
Jul 18 2022 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.
Jul 18 2022 | Brief amicus curiae of National Congress of American Indians filed. VIDED.
Jul 18 2022 | Brief amici curiae of The Central Alabama Fair Housing Center, et al. filed. VIDED. (Distributed)
Jul 18 2022 | Motion for divided argument filed by appellees and respondents. VIDED.
Jul 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED.
Jul 18 2022 | Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Distributed)
Jul 18 2022 | Brief amici curiae of Press Robinson, et al. filed. (Distributed)
Jul 21 2022 | CIRCULATED
Jul 22 2022 | Application (22A82) to extend the time to file appellants/petitioners consolidated reply brief on the merits from August 10, 2022 to August 24, 2022, submitted to Justice Thomas. VIDED.
Jul 29 2022 | Application (22A82) granted by Justice Thomas extending the time to file appellants'/petitioners' consolidated reply brief on the merits until August 24, 2022. VIDED.
Aug 22 2022 | Motion for divided argument filed by appellees and respondents GRANTED. VIDED.
Aug 22 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. VIDED.
Aug 24 2022 | Reply of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. (Distributed)
QUESTION PRESENTED:
(1) Whether MoneyGram Official Checks are “a money order, traveler’s check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business association is directly liable,” pursuant to 12 U.S.C. § 2503; (2) whether the court should command Wisconsin and Pennsylvania not to assert any claim over abandoned and unclaimed property related to MoneyGram Official Checks; and (3) whether all future sums payable on abandoned MoneyGram Official Checks should be remitted to Delaware.
Date Proceedings and Orders (key to color coding)
May 25 2016 | Documents filed with the Special Master may be found on the Special Master's website at http://ww2.ca2.uscourts.gov/specialmaster/special_145.html
May 26 2016 | Motion for leave to file a bill of complaint filed.
Jun 03 2016 | Brief and Motion for Leave to file Counterclaim filed by Wisconsin.
Jun 14 2016 | Brief in response of defendant Pennsylvania filed.
Jun 21 2016 | Letter from State of Wisconsin received.
Jun 23 2016 | Reply of petitioner Delaware, Plaintiff filed.
Jul 06 2016 | Brief amicus curiae of Moneygram Payment Systems, Inc. filed.
Aug 01 2016 | Brief amicus curiae of Unclaimed Property Professionals Organization filed.
Aug 24 2016 | DISTRIBUTED for Conference of September 26, 2016.
Oct 03 2016 | The Motion for leave to file a Bill of Complaint and the Motion for leave to file a Counterclaim are granted. This case is consolidated with Original 146 and the parties are allowed thirty days within which to file answers to the Bills of Complaint and the Counterclaims.
Oct 10 2016 | Motion For leave to amend Bill of Compliant filed by Arkansas, et al.,. (NOT PRINTED) (VIDED)
Oct 28 2016 | Pennsylvania's Answer and Counterclaims to Delaware's Bill of Complaint filed. (VIDED)
Oct 31 2016 | Answer of the State of Wisconsin to the Bill of Complaint filed.(VIDED)
Nov 01 2016 | Answer to Wisconsin's Counterclaim filed by Delaware (VIDED)
Nov 01 2016 | Answer to Counterclaim filed by Arkansas, et al., Plaintiffs. (VIDED)
Nov 01 2016 | Answer to Arkansas, et al.'s Bill of Complaint filed by Delaware filed. (VIDED)
Nov 07 2016 | DISTRIBUTED for Conference of November 22, 2016.
Nov 11 2016 | Motion for leave to file bill of third party complaint filed by defendant Pennsylvania. (VIDED).
Nov 18 2016 | Answer to Pennsylvania's Counterclaim filed by Delaware.(VIDED)
Nov 28 2016 | The motion of Arkansas, et al., for leave to amend the Bill of Complaint is granted.
Dec 06 2016 | It has been suggested that the parties are in agreement on the facts relevant to a decision in this action. If this is the case, the parties are invited to file a stipulation of facts in this Court on or before 60 days from the date of this order. If such a stipulation is filed, the Court will set a schedule for briefing the legal issues. If such a stipulation is not timely filed, a Special Master will be appointed to conduct any necessary discovery and to make proposed findings of fact, and the case will proceed in the usual manner.
Dec 28 2016 | Brief of MoneyGram Payment Systems, Inc. in opposition to Motion for Leave to File Bill of Third Party Complaint filed. VIDED.
Jan 09 2017 | Motion for leave to amend Bill of Complaint filed by Delaware, Plaintiff. (VIDED)
Jan 09 2017 | Motion for leave to amend Countercliam filed by defendant Delaware, (VIDED)
Jan 11 2017 | Reply of respondent Pennsylvania in further support of motion for leave to file Bill of Third Party Complaint filed. VIDED.
Jan 18 2017 | Response to Delaware's Motion for Leave to Amend Bill of Complaint from Defendant Pennsylvania filed.(VIDED)
Jan 24 2017 | Response in opposition to Delaware's motion for leave to amend bill of complaint from Wisconsin filed.(VIDED)
Jan 26 2017 | Response in opposition to Delaware's motion for leave to amend counterclaim from Arkansas, et al., filed.(VIDED)
Feb 01 2017 | Letter from the Parties in Response to Court's order of December 6, 2016.(VIDED)
Feb 03 2017 | Reply Brief in support of Motions for leave to amend Bill of Complaint and Counterclaim filed by Delaware, (VIDED)
Feb 15 2017 | DISTRIBUTED for Conference of March 3, 2017.
Mar 29 2017 | It is ordered that the Honorable Pierre N. Leval, of New York, New York, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Mar 31 2017 | Oath of Special Master filed
Jul 27 2021 | First Interim Report of the Special Master received (also as to No. 145, Orig.)
Jul 27 2021 | Because the Court has consolidated this case with No. 146, Original, future filings and activity in the cases will now be reflected on the docket of No. 145, Original. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 145. Each document submitted in connection with one or both of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in only one of the cases, the docket entry will reflect the case number in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 04 2021 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. VIDED.
Nov 18 2021 | Exceptions to Report of the Special Master and 2 volumes of appendix filed by Delaware. VIDED.
Nov 18 2021 | Motion for leave to file Volume III of appendix under seal filed by Delaware.
Nov 24 2021 | Brief amicus curiae of American Bankers Association filed. VIDED.
Dec 20 2021 | Reply to Delaware's exceptions to Report of Special Master filed by Arkansas, et al. VIDED.
Dec 20 2021 | Motion for leave to file Volume III of appendix under seal filed by Arkansas, et al.
Dec 27 2021 | Brief amicus curiae of Unclaimed Property Professionals Organization filed. VIDED.
Jan 19 2022 | Sur-reply in support of exceptions to the Report of the Special Master filed by Delaware. VIDED.
Jan 26 2022 | DISTRIBUTED for Conference of 2/18/2022..
Feb 22 2022 | Motion of Delaware for leave to file Volume III of its appendix under seal GRANTED. VIDED.
Feb 22 2022 | Motion of Arkansas, et al. for leave to file Volume III of their appendix under seal GRANTED. VIDED.
Feb 22 2022 | The Exceptions to the Special Master Report are set for oral argument in due course. VIDED.
Jun 14 2022 | ARGUMENT SET FOR Monday, October, 3, 2022. VIDED.
Jul 21 2022 | CIRCULATED
QUESTION PRESENTED
Whether the U.S. Court of Appeals for the 9th Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1362(7).
Date Proceedings and Orders
Sep 22 2021 | Petition for a writ of certiorari filed. (Response due October 25, 2021)
Sep 28 2021 | Blanket Consent filed by Petitioner, Michael Sackett, et al.
Oct 15 2021 | Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
Oct 18 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 24, 2021.
Oct 20 2021 | Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 25 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Oct 25 2021 | Brief amici curiae of State of West Virginia, et al. filed.
Oct 25 2021 | Brief amicus curiae of New England Legal Foundation filed.
Oct 25 2021 | Brief amici curiae of the Cato Institute, et al. filed.
Oct 25 2021 | Brief amicus curiae of National Association of Home Builders filed.
Nov 24 2021 | Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed.
Nov 29 2021 | Waiver of the 14-day waiting period under Rule 15.5 filed.
Nov 30 2021 | Reply of petitioners Michael Sackett, et al. filed. (Distributed)
Dec 01 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022.
Jan 24 2022 | Petition GRANTED limited to the following question: Whether the Ninth Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U. S. C. §1362(7).
Jan 28 2022 | Joint motion for an extension of time to file the briefs on the merits filed.
Feb 04 2022 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 11, 2022. The time to file respondents' brief on the merits is extended to and including June 10, 2022.
Feb 10 2022 | Blanket Consent filed by Respondents, U.S. Environmental Protection Agency, et al.
Apr 11 2022 | Brief of petitioners Michael Sackett, et al. filed.
Apr 11 2022 | Joint appendix filed. (Statement of costs filed)
Apr 13 2022 | Brief amici curiae of National Stone, Sand and Gravel Association, et al. filed.
Apr 13 2022 | Brief amicus curiae of Southeastern Legal Foundation filed.
Apr 14 2022 | Brief amici curiae of Congressional Western Caucus Members filed.
Apr 14 2022 | Brief amicus curiae of Liberty Justice Center filed.
Apr 14 2022 | Brief amici curiae of Atlantic Legal Foundation, et al. filed.
Apr 14 2022 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Apr 15 2022 | Brief amici curiae of Forestry Organizations filed.
Apr 15 2022 | Brief amici curiae of Fourteen National Agricultural Organizations filed.
Apr 18 2022 | Brief amici curiae of Associated Industries of Florida and Florida H2O Coalition filed.
Apr 18 2022 | Brief amicus curiae of National Association of Home Builders filed.
Apr 18 2022 | Brief amicus curiae of Chamber of Commerce of the United States filed.
Apr 18 2022 | Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Apr 18 2022 | Brief amici curiae of Savannah Economic Development Authority, et al. filed.
Apr 18 2022 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Apr 18 2022 | Amicus brief of Farm Bureaus of Arkansas, et al. not accepted for filing. (Corrected version to be submitted-- April 20, 2022.)
Apr 18 2022 | Brief amici curiae of Farm Bureaus of Arkansas, et al. filed (4/21/22.)
Apr 18 2022 | Brief amici curiae of The National Association of Counties, et al. filed.
Apr 18 2022 | Brief amicus curiae of Duarte Nursery, Inc. filed.
Apr 18 2022 | Brief amici curiae of American Exploration and Mining Association, et al. filed.
Apr 18 2022 | Brief amicus curiae of Western Urban Water Coalition in support of neither party filed.
Apr 18 2022 | Brief amici curiae of Sen. Shelley Moore Capito, et al. filed.
Apr 18 2022 | Brief amici curiae of American Petroleum Institute, et al. filed.
Apr 18 2022 | Brief amici curiae of State of West Virginia and 25 Other States filed.
Apr 18 2022 | Brief amici curiae of Cato Institute, et al. filed.
Apr 18 2022 | Brief amicus curiae of Property and Environment Research Center filed.
Apr 18 2022 | Brief amicus curiae of Association of American Railroads filed.
Apr 18 2022 | Brief amicus curiae of Freeport-McMoRan Inc. filed.
Apr 18 2022 | Brief amicus curiae of State of Alaska filed.
Apr 18 2022 | Brief amicus curiae of National Cattlemen's Beef Association filed.
Jun 10 2022 | Brief of respondents U.S. Environmental Protection Agency, et al. filed.
Jun 14 2022 | ARGUMENT SET FOR Monday, October, 3, 2022.
Jun 16 2022 | Brief amicus curiae of Scientific Societies filed.
Jun 16 2022 | Brief amici curiae of Waterkeeper Alliance, et al. filed.
Jun 17 2022 | Brief amicus curiae of Constitutional Accountability Center filed.
Jun 17 2022 | Brief amici curiae of American Sustainable Business Network, et al. filed.
Jun 17 2022 | Brief amici curiae of Water Resource Management Organizations filed.
Jun 17 2022 | Brief amici curiae of Environmental and Community Organizations filed.
Jun 17 2022 | Brief amici curiae of Former EPA Administrators William K. Reilly, et al. filed.
Jun 17 2022 | Brief amicus curiae of Colorado filed.
Jun 17 2022 | Brief amici curiae of New York, et al. filed.
Jun 17 2022 | Brief amici curiae of Menominee Indian Tribe of Wisconsin, et al. filed.
Jun 17 2022 | Brief amicus curiae of National Association of Clean Water Agencies filed.
Jun 17 2022 | Brief amicus curiae of Idaho Conservation League filed.
Jun 17 2022 | Brief amici curiae of Outdoor Recreation and Conservation Organizations filed.
Jun 17 2022 | Brief amicus curiae of Public Citizen filed.
Jun 17 2022 | Brief amici curiae of 167 U.S. Members of Congress filed.
Jun 22 2022 | Record requested from the 9th Circuit.
Jun 23 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Jul 08 2022 | Reply of petitioners Michael Sackett, et al. filed.
Jul 21 2022 | CIRCULATED
QUESTION PRESENTED
- Whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
Date Proceedings and Orders
Sep 17 2021 | Petition for a writ of certiorari filed. (Response due October 21, 2021)
Sep 22 2021 | Blanket Consent filed by Petitioner, State of Oklahoma
Oct 20 2021 | Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
Oct 21 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 21 2021 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al filed.
Oct 21 2021 | Brief amici curiae of Cities of Tulsa and Owasso, Oklahoma filed.
Oct 21 2021 | Brief amici curiae of Texas, et al.
Oct 21 2021 | Brief amici curiae of the Oklahoma District Attorneys Association, et al. filed.
Oct 29 2021 | Brief amicus curiae of Cherokee Nation filed.
Nov 15 2021 | Brief of respondent Victor Manuel Castro-Huerta in opposition filed.
Nov 16 2021 | Brief amicus curiae of Muscogee (Creek) Nation filed.
Nov 18 2021 | Brief amici curiae of Chickasaw Nation and Choctaw Nation of Oklahoma filed.
Nov 19 2021 | Application (21A168) to file reply brief in excess of word limits, submitted to Justice Gorsuch.
Nov 22 2021 | Response of Victor Manuel Castro-Huerta to application filed.
Nov 29 2021 | Application (21A168) denied by Justice Gorsuch.
Dec 08 2021 | DISTRIBUTED for Conference of 1/7/2022.
Dec 08 2021 | Reply of petitioner Oklahoma filed. (Distributed)
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022.
Jan 21 2022 | Petition GRANTED limited to Question 1 presented by the petition. The case will be set for argument in the April 2022 argument session. Petitioner's brief on the merits is to be filed on or before Monday, February 28, 2022. Respondent's brief on the merits is to be filed on or before Monday, March 28, 2022. The reply brief is to be filed in accordance with Rule 25.3.
Feb 09 2022 | Motion to dispense with printing the joint appendix filed by petitioner Oklahoma.
Feb 09 2022 | Blanket Consent filed by Petitioner, Oklahoma
Feb 10 2022 | Blanket Consent filed by Respondent, Victor Manuel Castro-Huerta
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28 2022 | Brief of petitioner Oklahoma filed.
Mar 07 2022 | Brief amici curiae of The Oklahoma District Attorneys Association, et al. filed.
Mar 07 2022 | Brief amici curiae of Texas, et al. filed.
Mar 07 2022 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
Mar 07 2022 | Brief amicus curiae of Oklahoma Association of Chiefs of Police filed.
Mar 07 2022 | Brief amicus curiae of Citizens for Equal Rights Foundation filed.
Mar 07 2022 | Brief amicus curiae of City of Tulsa, Oklahoma filed.
Mar 07 2022 | Motion for leave to file appendix to amicus curiae brief under seal filed by City of Tulsa, Oklahoma.
Mar 15 2022 | ARGUMENT SET FOR Wednesday, April 27, 2022.
Mar 16 2022 | Record requested from the Court of Criminal Appeals of Oklahoma, and also from the Tulsa County District Court.
Mar 22 2022 | Record received from the Court of Criminal Appeals of Oklahoma. (1 Box)
Mar 23 2022 | CIRCULATED
Mar 28 2022 | Record received from the U.S. District Court for Tulsa County. (1 Box)
Mar 28 2022 | Brief of respondent Victor Manuel Castro-Huerta filed. (Distributed)
Apr 01 2022 | Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Apr 04 2022 | Brief amicus curiae of United States filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, and Seminole Nation of Oklahoma filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Former United States Attorneys Michael Cotter, et al. filed. (Distributed)
Apr 04 2022 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. (Distributed)
Apr 04 2022 | Brief amici curiae of The Navajo Nation, et al. filed. (Distributed)
Apr 04 2022 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Apr 04 2022 | Brief amicus curiae of United Keetoowah Band of Cherokee Indians in Oklahoma filed. (Distributed)
Apr 04 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Apr 14 2022 | Motion of City of Tulsa, Oklahoma for leave to file an appendix to an amicus curiae brief under seal GRANTED.
Apr 14 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Apr 15 2022 | Reply of petitioner Oklahoma filed. (Distributed)
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QUESTION PRESENTED
- Whether 8 U.S.C. § 1225 requires the Department of Homeland Security to continue implementing the Migrant Protection Protocols, a former policy under which certain noncitizens arriving at the southwest border were returned to Mexico during their immigration proceedings; and
- whether the U.S. Court of Appeals for the 5th Circuit erred by concluding that the secretary of homeland security’s new decision terminating MPP had no legal effect.
Date Proceedings and Orders
Dec 29 2021 | Petition for a writ of certiorari filed. (Response due January 28, 2022)
Jan 18 2022 | Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
Jan 19 2022 | Response to motion to extend the time to file a response filed.
Jan 19 2022 | Motion to extend the time to file a response DENIED.
Jan 28 2022 | Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Jan 28 2022 | Brief of respondents Texas, et al. in opposition filed.
Feb 02 2022 | DISTRIBUTED for Conference of 2/18/2022.
Feb 02 2022 | Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Feb 18 2022 | Petition GRANTED. The case will be set for argument in the second week of the April 2022 argument session. Petitioners' brief on the merits is to be filed on or before Monday, March 14, 2022. Respondents' brief on the merits is to be filed on or before Thursday, April 7, 2022. The reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 20, 2022.
Mar 08 2022 | Blanket Consent filed by Petitioner, Joseph R. Biden, Jr., President of the United States, et al.
Mar 14 2022 | Blanket Consent filed by Respondent, Texas
Mar 14 2022 | Brief of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
Mar 14 2022 | Joint appendix filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 26, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 5th Circuit.
Mar 18 2022 | Brief amicus curiae of Public Citizen filed.
Mar 18 2022 | Brief amicus curiae of Professor Benjamin Eidelson filed.
Mar 21 2022 | Brief amici curiae of Bipartisan Former Officials of the Department of Homeland Security and the Immigration and Naturalization Service filed.
Mar 21 2022 | Brief amici curiae of Former DHS Secretary Jeh C. Johnson and Former Ambassador to Mexico Roberta S. Jacobson filed.
Mar 21 2022 | Brief amici curiae of State of Illinois, et al. filed.
Mar 21 2022 | Brief amicus curiae of Center for Immigration Law and Policy, UCLA School of Law filed.
Mar 21 2022 | Brief amici curiae of The Border Project and the National Immigrant Justice Center filed.
Mar 21 2022 | Brief amici curiae of Administrative Law Professors filed.
Mar 21 2022 | Brief amici curiae of 61 Immigration Advocacy and Legal Service Organizations filed.
Mar 21 2022 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Mar 21 2022 | Brief amici curiae of 25 Cities and Counties filed.
Mar 23 2022 | Record from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Mar 23 2022 | Record received from the U.S.D.C. Northern District of Texas (Amarillo) has been electronically filed.
Mar 23 2022 | CIRCULATED
Apr 07 2022 | Brief of respondent Texas filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Center for Immigration Studies filed. (Distributed)
Apr 14 2022 | Brief amici curiae of Indiana, et al. filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Advocates for Victims of Illegal Alien Crime filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Landmark Legal Foundation filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of America First Legal Foundation filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Apr 14 2022 | Brief amicus curiae of Advancing American Freedom filed. (Distributed)
Apr 19 2022 | Reply of petitioner Joseph R. Biden, Jr., President of the United States, et al. filed. (Distributed)
Apr 25 2022 | Letter from the Solicitor General noting statistical corrections to reports cited in their petition filed. (Distributed)
Apr 26 2022 | Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
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QUESTION PRESENTED
- Whether federal courts may use the All Writs Act to order the transportation of state prisoners for reasons not enumerated in 28 U.S.C. § 2241(c); and
- whether, before a court grants an order allowing a habeas petitioner to develop new evidence, it must determine whether the evidence could aid the petitioner in proving his entitlement to habeas relief, and whether the evidence may permissibly be considered by a habeas court.
Date Proceedings and Orders
Oct 04 2021 | Petition for a writ of certiorari filed. (Response due November 5, 2021)
Oct 27 2021 | Motion to extend the time to file a response from November 5, 2021 to December 6, 2021, submitted to The Clerk.
Oct 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2021.
Nov 05 2021 | Brief amici curiae of Utah and 14 Other States filed.
Dec 06 2021 | Brief of respondent Raymond Twyford in opposition filed.
Dec 06 2021 | Motion for leave to proceed in forma pauperis filed by respondent Raymond Twyford.
Dec 08 2021 | Reply of petitioner Tim Shoop, Warden filed.
Dec 08 2021 | Waiver of the 14-day waiting period under 15.5 filed.
Dec 15 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 14 2022 | Petition GRANTED.
Jan 21 2022 | Joint motion to dispense with printing the joint appendix filed.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 25 2022 | Brief of petitioner Tim Shoop filed.
Mar 04 2022 | Brief amici curiae of State of Utah and 20 Other States filed.
Mar 07 2022 | Brief amicus curiae of United States in support of neither party filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 26, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 6th Circuit.
Mar 16 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 16 2022 | Opposition to motion of the Solicitor General filed by petitioner Tim Shoop.
Mar 16 2022 | The record from the U.S.C.A. 6th Circuit is electronic and located on PACER. Also available are documents that has been electronically filed.
Mar 19 2022 | Motion to appoint counsel filed by respondent Raymond Twyford.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | Brief of respondent Raymond Twyford filed. (Distributed)
Apr 01 2022 | Brief amici curiae of 18 Former Federal Judges filed. (Distributed)
Apr 04 2022 | Brief amicus curiae of American Bar Association filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Law Professors filed. (Distributed)
Apr 04 2022 | Brief amicus curiae of Massachusetts General Hospital Center for Law, Brain & Behavior filed. (Distributed)
Apr 05 2022 | Reply of petitioner Tim Shoop filed. (Distributed)
Apr 06 2022 | Motion to appoint counsel DISTRIBUTED for Conference of 4/22/2022.
Apr 14 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument is GRANTED IN PART, and the time is allotted as follows: 30 minutes for petitioner, 15 minutes for the Solicitor General, and 25 minutes for respondent.
Apr 25 2022 | Motion to appoint counsel filed by respondent GRANTED, and Michael J. Benza, Esq., of Chagrin Falls, Ohio, is appointed to serve as counsel for respondent in this case.
Apr 26 2022 | Argued. For petitioner: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: David A. O'Neil, Washington, D. C.
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QUESTION PRESENTED
- Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and
- whether, assuming that such religious expression is private and protected by the free speech and free exercise clauses, the establishment clause nevertheless compels public schools to prohibit it.
Date Proceedings and Orders
Sep 14 2021 | Petition for a writ of certiorari filed. (Response due October 18, 2021)
Sep 16 2021 | Blanket Consent filed by Petitioner, Joseph A. Kennedy
Sep 20 2021 | Motion to extend the time to file a response from October 18, 2021 to December 7, 2021, submitted to The Clerk.
Sep 21 2021 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2021.
Sep 27 2021 | Blanket Consent filed by Respondent, Bremerton School District
Oct 14 2021 | Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
Oct 15 2021 | Brief amici curiae of Current State Legislators filed.
Oct 18 2021 | Brief amicus curiae of Coach Tommy Bowden filed.
Oct 18 2021 | Brief amici curiae of Members of Congress filed.
Oct 18 2021 | Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
Oct 18 2021 | Brief amicus curiae of Galen Black filed.
Oct 18 2021 | Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed.
Oct 18 2021 | Brief amicus curiae of Pennsylvania Family Institute filed.
Oct 18 2021 | Brief amici curiae of Twenty-Four States filed.
Oct 18 2021 | Brief amici curiae of Advancing American Freedom, et al. filed.
Dec 07 2021 | Brief of respondent Bremerton School District in opposition filed.
Dec 21 2021 | Reply of petitioner Joseph A. Kennedy filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Petition GRANTED.
Jan 21 2022 | Blanket Consent filed by Petitioner, Joseph A. Kennedy
Jan 21 2022 | Blanket Consent filed by Respondent, Bremerton School District
Feb 16 2022 | Brief amicus curiae of Alabama Center for Law and Liberty filed.
Feb 18 2022 | Suggestion of mootness filed by respondent Bremerton School District. (Distributed)
Feb 22 2022 | Brief amicus curiae of Liberty Justice Center filed.
Feb 23 2022 | Brief of petitioner Joseph A. Kennedy filed.
Feb 23 2022 | Joint appendix filed (statement of costs filed).
Feb 23 2022 | Brief amicus curiae of Foundation for Moral Law filed.
Feb 24 2022 | Brief amicus curiae of American Constitutionals Rights Union filed.
Feb 25 2022 | Brief amicus curiae of Darrell Green filed.
Feb 25 2022 | Response to Suggestion of mootness filed. (Distributed)
Feb 28 2022 | Reply in Support of Suggestion of Mootness filed. (Distributed)
Feb 28 2022 | Brief amici curiae of World Faith Foundation, et al. filed.
Mar 01 2022 | Brief amicus curiae of Thomas More Society filed.
Mar 01 2022 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Mar 01 2022 | Brief amici curiae of Mountain States Legal Foundation and Southeastern Legal Foundation filed.
Mar 01 2022 | Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.
Mar 01 2022 | Brief amici curiae of Current State Legislators filed.
Mar 02 2022 | Brief amicus curiae of Coach Tommy Bowden filed.
Mar 02 2022 | Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.
Mar 02 2022 | Brief amicus curiae of American Center for Law and Justice filed.
Mar 02 2022 | Brief amicus curiae of The American Cornerstone Institute filed.
Mar 02 2022 | Brief amicus curiae of Galen Black filed.
Mar 02 2022 | Brief amici curiae of Members of Congress filed.
Mar 02 2022 | Brief amicus curiae of Liberty Counsel filed.
Mar 02 2022 | Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.
Mar 02 2022 | Brief amici curiae of Former Attorneys General, Edwin Meese II, et al. filed.
Mar 02 2022 | Brief amici curiae of Kirk Cousins, et al. filed.
Mar 02 2022 | Brief amicus curiae of Foundation for Individual Rights in Education filed.
Mar 02 2022 | Brief amicus curiae of America First Legal Foundation filed.
Mar 02 2022 | Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
Mar 02 2022 | Brief amicus curiae of The America First Policy Institute filed.
Mar 02 2022 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Mar 02 2022 | Brief amicus curiae of The American Legion filed.
Mar 02 2022 | Brief amicus curiae of The Rutherford Institute filed.
Mar 02 2022 | Brief amicus curiae of United States Conference of Catholic Bishops filed.
Mar 02 2022 | Brief amici curiae of Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies filed.
Mar 02 2022 | Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention filed.
Mar 02 2022 | Brief amicus curiae of Christian Legal Society filed.
Mar 02 2022 | Brief amici curiae of Advancing American Freedom, Young America’s Foundation, and 42 Additional Organizations and Individuals filed (3/18/22 brief and PDF to be corrected and resubmitted.)
Mar 02 2022 | Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals filed. (03/24/2022). (Distributed)
Mar 02 2022 | Brief amici curiae of Twenty-Seven States filed.
Mar 02 2022 | Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
Mar 02 2022 | Brief amicus curiae of Protect The First Foundation filed.
Mar 15 2022 | ARGUMENT SET FOR Monday, April 25, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 9th Circuit.
Mar 17 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 25 2022 | Brief of respondent Bremerton School District filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Church-State Scholars filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Jo Ann Magistro and Alan Brodman filed. (Distributed)
Apr 01 2022 | Brief amicus curiae of Washington State School Directors' Association filed. (Distributed)
Apr 01 2022 | Brief amici curiae of American Civil Liberties Union and ACLU of Washington filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Freedom From Religion Foundation, et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of New York, et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Former Professional Football Players Obafemi D. Ayanbadejo, Sr., et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Religious and Denominational Organizations and Bremerton-Area Clergy filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Members of the U.S. House of Representatives filed. (Distributed)
Apr 01 2022 | Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Washington State Charter Schools Association and California Charter Schools Association filed. (Distributed)
Apr 01 2022 | Brief amicus curiae of California School Boards Association and its Education Legal Alliance filed. (Distributed)
Apr 01 2022 | Brief amici curiae of Psychology and Neuroscience Scholars filed. (Distributed)
Apr 01 2022 | Brief amicus curiae of Robert D. Kamenshine filed. (Distributed)
Apr 01 2022 | Brief amici curiae of National Education Association, et al. filed. (Distributed)
Apr 01 2022 | Brief amici curiae of City, county, and local public employer organizations filed. (Distributed)
Apr 01 2022 | Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument filed.
Apr 14 2022 | Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Apr 15 2022 | Reply of petitioner Joseph A. Kennedy filed. (Distributed)
Apr 25 2022 | Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Richard B. Katskee, Washington, D. C.
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QUESTION PRESENTED:
- Whether an inmate’s as-applied method-of-execution challenge must be raised in a habeas petition instead of through a 42 U.S.C. § 1983 action if the inmate pleads an alternative method of execution not currently authorized by state law; and
- whether, if such a challenge must be raised in habeas, it constitutes a successive petition when the challenge would not have been ripe at the time of the inmate’s first habeas petition.
Date Proceedings and Orders
Sep 17 2021 | Petition for a writ of certiorari filed. (Response due October 22, 2021)
Sep 23 2021 | Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
Sep 24 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 22 2021 | Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021)
Oct 22 2021 | Motion for leave to file amici brief filed by Legal Scholars and Academics.
Nov 22 2021 | Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed.
Dec 07 2021 | Reply of petitioner Michael Nance filed. (Distributed)
Dec 08 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED.
Jan 14 2022 | Petition GRANTED.
Feb 16 2022 | Motion to dispense with printing the joint appendix filed by petitioner Michael Nance.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 25 2022 | Brief of petitioner Michael Nance filed.
Mar 04 2022 | Brief amici curiae of Legal Scholars filed.
Mar 04 2022 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Mar 04 2022 | Brief amicus curiae of United States filed.
Mar 14 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 15 2022 | ARGUMENT SET FOR Monday, April 25, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022 | The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed.
Mar 17 2022 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed)
Mar 31 2022 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed)
Apr 04 2022 | Brief amici curiae of Texas, et al. filed. (Distributed)
Apr 14 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Apr 15 2022 | Reply of petitioner Michael Nance filed. (Distributed)
Apr 25 2022 | Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga.
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QUESTION PRESENTED:
Whether, when the Department of Veterans Affairs denies a veteran’s claim for benefits in reliance on an agency interpretation that is later deemed invalid under the plain text of the statutory provisions in effect at the time of the denial, that is the kind of “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision.
Date Proceedings and Orders
Aug 13 2021 | Petition for a writ of certiorari filed. (Response due September 16, 2021)
Aug 24 2021 | Motion to extend the time to file a response from September 16, 2021 to October 18, 2021, submitted to The Clerk.
Aug 25 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
Sep 15 2021 | Brief amicus curiae of Jeremy C. Doerre filed.
Sep 16 2021 | Brief amicus curiae of Military-Veterans Advocacy filed.
Oct 05 2021 | Motion to extend the time to file a response from October 18, 2021 to November 17, 2021, submitted to The Clerk.
Oct 06 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2021.
Nov 08 2021 | Motion to extend the time to file a response from November 17, 2021 to December 8, 2021, submitted to The Clerk.
Nov 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
Dec 08 2021 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 20 2021 | Reply of petitioner Kevin R. George filed. (Distributed)
Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.
Jan 14 2022 | Petition GRANTED.
Jan 25 2022 | Motion to dispense with printing the joint appendix filed by petitioner Kevin R. George.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 28 2022 | Brief of petitioner Kevin R. George filed.
Mar 03 2022 | Amicus brief of Disabled American Veterans not accepted for filing. (March 03, 2022--Corrected version to be submitted)
Mar 03 2022 | Brief amicus curiae of Disabled American Veterans (3/3/2022) filed.
Mar 04 2022 | Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
Mar 07 2022 | Brief amicus curiae of Military-Veterans Advocacy and Legal Aid Foundation of Los Angeles filed.
Mar 07 2022 | Brief amici curiae of Senators Ted Cruz and Mike Lee filed.
Mar 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Mar 07 2022 | Brief amici curiae of Swords to Plowshares and Vietnam Veterans of America filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. Federal Circuit.
Mar 18 2022 | The record from the U.S.C.A. Federal Circuit is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | The record received from the U.S. Court of Appeals for Veterans Claims has been electronically filed.
Mar 30 2022 | Brief of Denis R. McDonough, Secretary of Veterans Affairs not accepted for filing. (April 01, 2022--Corrected brief and PDF to be submitted.)
Mar 30 2022 | Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs filed. (Distributed)
Apr 08 2022 | Reply of petitioner Kevin R. George filed. (Distributed)
Apr 19 2022 | Argued. For petitioner: Melanie L. Bostwick, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether Federal Rule of Civil Procedure 60(b)(1) authorizes relief based on a district court’s error of law.
Date Proceedings and Orders
Sep 16 2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)
Oct 12 2021 | Motion to extend the time to file a response from October 20, 2021 to November 19, 2021, submitted to The Clerk.
Oct 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 19, 2021.
Nov 12 2021 | Motion to extend the time to file a response from November 19, 2021 to December 3, 2021, submitted to The Clerk.
Nov 15 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
Dec 03 2021 | Brief of respondent United States in opposition filed.
Dec 07 2021 | Waiver of the 14-day waiting period under 15.5 filed.
Dec 09 2021 | DISTRIBUTED for Conference of 1/7/2022.
Dec 09 2021 | Reply of petitioner Dexter Earl Kemp filed. (Distributed)
Jan 10 2022 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 04 2022 | Motion to dispense with printing the joint appendix filed by petitioner Dexter Earl Kemp.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2022 | Brief of petitioner Dexter Earl Kemp filed.
Mar 01 2022 | Brief amicus curiae of New Civil Liberties Alliance filed.
Mar 15 2022 | ARGUMENT SET FOR Tuesday, April 19, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 11th Circuit.
Mar 17 2022 | The record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Mar 17 2022 | The record from the U.S.D.C. Southern Dist. of Florida (Miami) is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 24 2022 | Brief of respondent United States filed. (Distributed)
Apr 08 2022 | Reply of petitioner Dexter Earl Kemp filed. (Distributed)
Apr 19 2022 | Argued. For petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether a state workers’ compensation law that applies exclusively to federal contract workers who perform services at a specified federal facility is barred by principles of intergovernmental immunity, or is instead authorized by 40 U.S.C. § 3172(a), which permits the application of state workers’ compensation laws to federal facilities “in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State.”
Date Proceedings and Orders
Sep 08 2021 | Petition for a writ of certiorari filed. (Response due October 14, 2021)
Sep 21 2021 | Motion to extend the time to file a response from October 14, 2021 to November 15, 2021, submitted to The Clerk.
Sep 22 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2021.
Nov 15 2021 | Brief of respondents Washington, et al. in opposition filed.
Dec 01 2021 | DISTRIBUTED for Conference of 1/7/2022.
Dec 01 2021 | Reply of petitioner United States filed. (Distributed)
Jan 10 2022 | Petition GRANTED.
Feb 23 2022 | Brief of petitioner United States filed.
Feb 23 2022 | Joint appendix filed.
Mar 15 2022 | ARGUMENT SET FOR Monday, April 18, 2022.
Mar 15 2022 | Suggestion of mootness filed by respondents Washington, et al. filed. (Distributed)
Mar 16 2022 | Record requested from the U.S.C.A. 9th Circuit.
Mar 17 2022 | Response in opposition to respondents suggestion of mootness filed by petitioner United States. (Distributed)
Mar 17 2022 | The record from the U.S.C.A. 9th Circuit is electronic and available on PACER.
Mar 23 2022 | CIRCULATED
Mar 23 2022 | Brief amicus curiae of Workers' Injury Law & Advocacy Group filed. (Distributed)
Mar 23 2022 | Reply on suggestion of mootness filed by respondents Washington, et al. (Distributed)
Mar 25 2022 | Brief of respondents Washington, et al. filed. (Distributed)
Apr 08 2022 | Reply of petitioner United States filed. (Distributed)
Apr 11 2022 | Sur-reply in support of suggestion of mootness filed by respondents Washington, et al. (Distributed)
Apr 13 2022 | Response in opposition to sur-reply in support of suggestion of mootness filed by petitioner United States. (Distributed)
Apr 18 2022 | Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Tera M. Heintz, Deputy Solicitor General, Olympia, Wash.
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QUESTION PRESENTED:
Whether the Bankruptcy Judgeship Act violates the uniformity requirement of the Constitution's bankruptcy clause by increasing quarterly fees solely in districts under the U.S. Trustee program, not in those under the Bankruptcy Administrator program.
Date Proceedings and Orders
Sep 20 2021 | Petition for a writ of certiorari filed. (Response due October 22, 2021)
Oct 12 2021 | Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk.
Oct 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Nov 04 2021 | Motion to extend the time to file a response from November 22, 2021 to December 8, 2021, submitted to The Clerk.
Nov 05 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
Dec 08 2021 | Brief of respondent John P. Fitzgerald, III, Acting United States Trustee for Region 4 in opposition filed.
Dec 09 2021 | Waiver of the 14-day waiting period under 15.5 filed.
Dec 15 2021 | DISTRIBUTED for Conference of 1/7/2022.
Jan 10 2022 | Petition GRANTED.
Jan 31 2022 | Motion to dispense with printing the joint appendix filed by petitioner Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust.
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 24 2022 | Brief of petitioner Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust filed.
Feb 28 2022 | Brief amici curiae of Acadiana Management Group, LLC, et al. filed.
Mar 03 2022 | Brief amicus curiae of MF Global Holdings Ltd., as Plan Administrator filed.
Mar 03 2022 | Brief amicus curiae of USA Sales, Inc. filed.
Mar 03 2022 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Mar 03 2022 | Brief amici curiae of John Q. Hammons Hotels & Resorts, et al. filed.
Mar 15 2022 | ARGUMENT SET FOR Monday, April 18, 2022.
Mar 16 2022 | Record requested from the U.S.C.A. 4th Circuit.
Mar 17 2022 | The record from the U.S.C.A. 4th Circuit is electronic and located on PACER.
Mar 21 2022 | The record from the U.S. Bankruptcy Court Eastern District of Virginia is electronic and located on Pacer.
Mar 23 2022 | CIRCULATED
Mar 28 2022 | Brief of respondent John P. Fitzgerald, III, Acting United States Trustee for Region 4 filed. (Distributed)
Apr 08 2022 | Reply of petitioner Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust filed. (Distributed)
Apr 18 2022 | Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act.
Date Proceedings and Orders
May 10 2021 | Petition for a writ of certiorari filed. (Response due June 14, 2021)
May 25 2021 | Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
Jun 11 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Jun 14 2021 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jun 14 2021 | Brief amicus curiae of California New Car Dealers Association filed.
Jun 14 2021 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jun 14 2021 | Brief amicus curiae of Restaurant Law Center filed.
Jun 30 2021 | DISTRIBUTED for Conference of 9/27/2021.
Jul 13 2021 | Response Requested. (Due August 12, 2021)
Aug 04 2021 | Motion to extend the time to file a response from August 12, 2021 to September 10, 2021, submitted to The Clerk.
Aug 05 2021 | Motion to extend the time to file a response is granted and the time is extended to and including September 10, 2021.
Sep 10 2021 | Brief of respondent Angie Moriana in opposition filed.
Sep 28 2021 | Reply of petitioner Viking River Cruises, Inc. filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED.
Jan 04 2022 | Blanket Consent filed by Petitioner, Viking River Cruises, Inc.
Jan 13 2022 | Blanket Consent filed by Respondent, Angie Moriana
Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 30, 2022.
Jan 31 2022 | Brief of petitioner Viking River Cruises, Inc. filed.
Jan 31 2022 | Joint appendix filed.
Feb 01 2022 | Record requested from the U.S. Court of Appeal of California 2nd Appellate.
Feb 04 2022 | Brief amicus curiae of California New Car Dealers Association filed.
Feb 04 2022 | Brief amici curiae of Washington Legal Foundation and Atlantic Legal Foundation filed. (Distributed)
Feb 07 2022 | Brief amicus curiae of Employers Group filed.
Feb 07 2022 | Brief amici curiae of Uber Technologies, Inc. and Postmates, LLC filed.
Feb 07 2022 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Feb 07 2022 | Brief amici curiae of Retail Litigation Center, Inc. and the National Retail Federation filed.
Feb 07 2022 | Brief amicus curiae of California Employment Law Council filed.
Feb 07 2022 | Brief amicus curiae of Civil Justice Association of California filed.
Feb 07 2022 | Brief amicus curiae of Restaurant Law Center filed.
Feb 07 2022 | Brief amicus curiae of The California Business and Industrial Alliance filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 14 2022 | The record received from the Superior Court of California County of Los Angeles has been electronically filed.
Mar 02 2022 | Brief of respondent Angie Moriana filed. (Distributed)
Mar 08 2022 | Amicus brief of National Academy of Arbitrators not accepted for filing. (March 08, 2022 -- Corrected version to be submitted)
Mar 08 2022 | Brief amicus curiae of National Academy of Arbitrators filed. (Distributed)
Mar 08 2022 | Brief amicus curiae of Steve Chow filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Mar 09 2022 | Brief amici curiae of California Rural Legal Assistance, Inc. and California Rural Legal Assistance Foundation filed. (Distributed)
Mar 09 2022 | Brief amici curiae of Civil Procedure and Arbitration Law Professors filed. (Distributed)
Mar 09 2022 | Brief amici curiae of California Employment Lawyers’ Association, et al. filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Public Justice filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Taxpayers Against Fraud Education Fund filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of State of California filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Tracy Chen, in Her Representative Proxy Capacity on Behalf of the State of California filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of American Association for Justice filed. (Distributed)
Mar 18 2022 | Reply of petitioner Viking River Cruises, Inc. filed. (Distributed)
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QUESTION PRESENTED:
Whether Congress has the power to authorize suits against nonconsenting states pursuant to its constitutional war powers.
Date Proceedings and Orders
Nov 02 2020 | Petition for a writ of certiorari filed. (Response due December 7, 2020)
Nov 03 2020 | Waiver of right of respondent Texas Department of Public Safety to respond filed.
Nov 17 2020 | DISTRIBUTED for Conference of 12/4/2020.
Nov 24 2020 | Response Requested. (Due December 28, 2020)
Dec 01 2020 | Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
Dec 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
Dec 23 2020 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Dec 23 2020 | Brief amicus curiae of Reserve Organization of America filed.
Dec 23 2020 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Jan 27 2021 | Brief of respondent Texas Department of Public Safety in opposition filed.
Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021.
Feb 10 2021 | Reply of petitioner Le Roy Torres filed. (Distributed)
Mar 01 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Nov 23 2021 | Supplemental brief of petitioner Le Roy Torres filed. (Distributed)
Dec 15 2021 | Petition GRANTED.
Dec 22 2021 | Blanket Consent filed by Respondent, Texas Department of Public Safety
Dec 29 2021 | Blanket Consent filed by Petitioner, Le Roy Torres
Dec 30 2021 | Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres.
Jan 18 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 26 2022 | Record requested from the Court of Appeals of Texas 13th District.
Jan 28 2022 | ARGUMENT SET FOR Tuesday, March 29, 2022.
Jan 31 2022 | The record received from the Court of Appeals of Texas 13th District is electronic and located on the Court of Appeals of Texas web site. Also one envelope containing the Notice of Appeal, Clerk's Record, and Reporter's Record.
Jan 31 2022 | Brief of petitioner Le Roy Torres filed.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Brief amici curiae of Scholars of Constitutional Law and The Law of Federal and State Courts filed.
Feb 07 2022 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Feb 07 2022 | Brief amici curiae of War Powers Scholars filed.
Feb 07 2022 | Brief amicus curiae of Reserve Organization of America filed.
Feb 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Feb 07 2022 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Feb 07 2022 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 07 2022 | Brief amici curiae of Former Members of Congress filed.
Feb 07 2022 | Brief amicus curiae of Bipartisan Members of Congress filed. (Distributed)
Feb 11 2022 | CIRCULATED
Mar 02 2022 | Brief of respondent Texas Department of Public Safety filed. (Distributed)
Mar 03 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 09 2022 | Brief amici curiae of State of Montana and 14 Other States filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Professor Philip A. Pucillo filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Mar 18 2022 | Reply of petitioner Le Roy Torres filed. (Distributed)
Mar 29 2022 | Argued. For petitioner: Andrew T. Tutt, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Judd E. Stone, II, Solicitor General, Austin, Tex.
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QUESTION PRESENTED:
Whether a locomotive is in use on a railroad’s line and subject to the Locomotive Inspection Act and its safety regulations when its train makes a temporary stop in a railyard as part of its unitary journey in interstate commerce, or whether such use does not resume until the locomotive has left the yard as part of a fully assembled train, as held by the U.S. Court of Appeals for the 7th Circuit below, contrary to the decisions of the Supreme Court and other circuits.
Date Proceedings and Orders
Dec 10 2020 | Petition for a writ of certiorari filed. (Response due January 14, 2021)
Dec 28 2020 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers, et al. filed.
Jan 10 2021 | Certificate of service filed with respect to amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al.
Jan 10 2021 | Certificate of compliance filed with respect to brief amici curiae brief of Sheet Metal, Air, Rail Transportation Workers, et al. .
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 01 2021 | Waiver of right of respondent Union Pacific Railroad Company to respond filed.
Feb 08 2021 | Response Requested. (Due March 10, 2021)
Mar 02 2021 | Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
Mar 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2021.
Apr 09 2021 | Brief of respondent Union Pacific Railroad Company in opposition filed.
Apr 23 2021 | Reply of petitioner Bradley LeDure filed. (Distributed)
Apr 27 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
Nov 09 2021 | Brief amicus curiae of United States filed.
Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 15 2021 | Petition GRANTED limited to Question 1 presented by the petition. Justice Barrett took no part in the consideration or decision of this petition.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 31 2022 | Brief of petitioner Bradley LeDure filed.
Jan 31 2022 | Joint appendix filed. (Statement of costs filed)
Jan 31 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Feb 07 2022 | Brief amicus curiae of United States filed.
Feb 07 2022 | Amicus brief of Sheet Metal, Air, Rail Transportation Workers, et al. not accepted for filing.(Corrected version submitted) (February 09, 2022)
Feb 07 2022 | Brief amici curiae of Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. filed.
Feb 11 2022 | CIRCULATED
Feb 15 2022 | The record from the U.S.D.C. Southern District of Illinois is electronic and located on Pacer.
Mar 02 2022 | Brief of respondent Union Pacific Railroad Company filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 09 2022 | Brief amicus curiae of Association of American Railroads filed. (Distributed)
Mar 09 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Mar 18 2022 | Reply of petitioner Bradley LeDure filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: David C. Frederick, Washington, D. C.; and Colleen E. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: J. Scott Ballenger, Washington, D. C.
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QUESTION PRESENTED:
Whether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are interstate “transportation workers” exempt from the Federal Arbitration Act.
Date Proceedings and Orders
Aug 27 2021 | Petition for a writ of certiorari filed. (Response due September 30, 2021)
Sep 08 2021 | Motion to extend the time to file a response from September 30, 2021 to November 1, 2021, submitted to The Clerk.
Sep 09 2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021.
Sep 27 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Sep 30 2021 | Brief amicus curiae of Airlines for America filed.
Nov 01 2021 | Brief of respondent Latrice Saxon in opposition filed.
Nov 15 2021 | Reply of petitioner Southwest Airlines Co. filed. (Distributed)
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
Jan 18 2022 | Motion to dispense with printing the joint appendix filed by petitioner Southwest Airlines Co.
Jan 24 2022 | Brief of petitioner Southwest Airlines Co. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 7th Circuit.
Jan 26 2022 | The record from the U.S.C.A. 7th Circuit is electronic and located on Pacer.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 28, 2022.
Jan 28 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Jan 31 2022 | Brief amici curiae of Chamber of Commerce of the United States of America; National Association of Manufacturers filed.
Jan 31 2022 | Brief amicus curiae of Lyft, Inc. filed.
Jan 31 2022 | Brief amici curiae of Airlines for America filed.
Jan 31 2022 | Brief amicus curiae of Uber Technologies, Inc. filed.
Jan 31 2022 | Brief amicus curiae of Amazon.com, Inc. filed.
Feb 11 2022 | CIRCULATED
Feb 22 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Feb 22 2022 | Motion for an extension of time to file respondent's brief on the merits filed.
Feb 22 2022 | Motion to extend the time to file respondent's brief on the merits is granted and the time is extended to and including February 24, 2022.
Feb 24 2022 | Brief of respondent Latrice Saxon filed. (Distributed)
Mar 01 2022 | Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Mar 02 2022 | Amicus brief of Historians not accepted for filing. (March 02, 2022)
Mar 02 2022 | Brief amici curiae of Historians filed. (Distributed)
Mar 02 2022 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. (Distributed)
Mar 02 2022 | Brief amici curiae of National Academy of Arbitrators and National Association of Railroad Referees filed (3/10/2020). (Distributed)
Mar 03 2022 | Brief amicus curiae of Public Justice filed. (Distributed)
Mar 03 2022 | Brief amicus curiae of American Association for Justice filed. (Distributed)
Mar 03 2022 | Brief amici curiae of State of Illinois, et al. filed. (Distributed)
Mar 17 2022 | Reply of petitioner Southwest Airlines Co. filed. (Distributed)
Mar 28 2022 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Jennifer D. Bennett, San Francisco, Cal.
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QUESTION PRESENTED:
Whether 28 U.S.C. § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in “a foreign or international tribunal,” encompasses private commercial arbitral tribunals, as the U.S. Courts of Appeals for the 4th and 6th Circuits have held, or excludes such tribunals, as the U.S. Courts of Appeals for the 2nd, 5th and 7th Circuits have held.
Date Proceedings and Orders
Sep 10 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021)
Oct 14 2021 | Brief of respondent Luxshare, Ltd. in opposition filed.
Oct 15 2021 | Application (21A80) for a stay, submitted to Justice Kavanaugh.
Oct 15 2021 | Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m.
Oct 21 2021 | Response to application from respondent Luxshare, Ltd. filed.
Oct 22 2021 | Reply of applicants ZF Automotive US, Inc., et al. filed.
Oct 27 2021 | Application (21A80) referred to the Court.
Oct 27 2021 | Application (21A80) granted by the Court. The application for stay presented to Justice Kavanaugh and by him referred to the Court is granted, and it is ordered that the order of the United States District Court for the Eastern District of Michigan, entered August 17, 2021, is stayed pending the disposition of the petition for a writ of certiorari before judgment. Should the petition for a writ of certiorari before judgment be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari before judgment is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Nov 01 2021 | Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
Nov 02 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 08 2021 | Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
Nov 15 2021 | Rescheduled.
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition for a writ of certiorari before judgment GRANTED. The motion of International Institute for Conflict Prevention & Resolution, Inc. for leave to file a brief as amicus curiae in No. 21-518 is granted. The petition for a writ of certiorari in No. 21-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 10 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-401. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-401. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 13 2022 | Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al.
Jan 13 2022 | Blanket Consent filed by Respondent, Luxshare, Ltd.
Jan 13 2022 | Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley
Jan 24 2022 | Joint appendix filed (in 21-401). (Statement of costs filed)
Jan 24 2022 | Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401).
Jan 24 2022 | Joint appendix filed (in 21-518).
Jan 24 2022 | Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518).
Jan 26 2022 | Record requested from the U.S.C.A. 6th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED.
Jan 28 2022 | Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of United States filed. VIDED.
Jan 31 2022 | Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of Halliburton Company filed (in 21-401).
Jan 31 2022 | Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401).
Jan 31 2022 | Brief amici curiae of The International Court of Arbitration of the International Chamber of Commerce and the United States Council for International Business supporting neither party filed (in 21-401).
Jan 31 2022 | Brief amicus curiae of Institute of International Bankers filed. VIDED.
Jan 31 2022 | Brief amicus curiae of Professor Yanbai Andrea Wang supporting neither party filed. VIDED.
Feb 03 2022 | Blanket Consent filed by Respondent, The Fund for Protection of Investors' Rights in Foreign States
Feb 04 2022 | Joint motion of the parties for divided argument and for enlargement of time for oral argument filed. VIDED.
Feb 04 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED.
Feb 11 2022 | CIRCIULATED
Feb 23 2022 | Brief of respondent Luxshare, Ltd. filed (in 21-401). (Distributed)
Feb 23 2022 | Brief of respondent The Fund for Protection of Investors' Rights in Foreign States filed (in 21-518). (Distributed)
Feb 28 2022 | Joint motion for divided argument and for enlargement of time for oral argument filed by the parties GRANTED. VIDED.
Feb 28 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. VIDED.
Mar 01 2022 | Brief amici curiae of Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker filed (in 21-401). (Distributed)
Mar 01 2022 | Brief amicus curiae of Ashish Virmani filed (in 21-401). (Distributed)
Mar 02 2022 | Brief amici curiae of George A. Bermann, et al. filed. VIDED. (Distributed)
Mar 02 2022 | Brief amicus curiae of Federal Arbitration, Inc. filed (in 21-401). (Distributed)
Mar 11 2022 | Reply of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 518). (Distributed)
Mar 11 2022 | Reply of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). (Distributed)
Mar 23 2022 | Argued. For petitioners in 21-401: Roman Martinez, Washington, D. C. For petitioners in 21-518: Joseph T. Baio, New York, N. Y. For United States, as amicus curiae, supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent in 21-401: Andrew R. Davies, New York, N. Y. For respondent in 21-518: Alexander A. Yanos, New York, N. Y. VIDED.
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QUESTION PRESENTED:
Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures that would facilitate the return of the child notwithstanding the grave risk finding.
DateProceedings and Orders (key to color coding)
Jan 26 2021 | Petition for a writ of certiorari filed. (Response due March 1, 2021)
Mar 01 2021 | Brief of respondent Isacco Saada in opposition filed.
Mar 01 2021 | Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc., et al.) filed.
Mar 01 2021 | Brief amicus curiae of Frederick K. Cox International Law Center filed.
Mar 16 2021 | DISTRIBUTED for Conference of 4/1/2021.
Mar 16 2021 | Reply of petitioner Narkis Golan filed. (Distributed)
Apr 05 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 27 2021 | Brief amicus curiae of United States filed.
Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021.
Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021.
Dec 10 2021 | Petition GRANTED.
Jan 11 2022 | Blanket Consent filed by Petitioner, Narkis Golan
Jan 19 2022 | Brief of petitioner Narkis Golan filed.
Jan 19 2022 | Joint appendix filed. (Statement of costs filed)
Jan 24 2022 | Brief amici curiae of Child Justice, Inc., Prevent Child Abuse NY and Professor Jennifer Baum filed.
Jan 24 2022 | Blanket Consent filed by Respondent, Isacco Saada
Jan 26 2022 | Record requested from the U.S.C.A. 2nd Circuit.
Jan 26 2022 | Brief amici curiae of Hague Convention Delegates Jamison Selby Borek & James Hergen filed.
Jan 26 2022 | Brief amicus curiae of United States filed.
Jan 26 2022 | Brief amici curiae of Former Judges filed.
Jan 26 2022 | Brief amici curiae of The National Association of Social Workers, et al. filed.
Jan 26 2022 | Brief amicus curiae of Frederick K. Cox International Law Center filed.
Jan 26 2022 | Brief amici curiae of Domestic Violence Survivors filed.
Jan 26 2022 | Brief amici curiae of Individuals and Organizations Advocating for Victims of Domestic Violence (Sanctuary for Families, Inc. et al.) filed.
Jan 26 2022 | Brief amici curiae of Italian Organizations Advocating for Victims of Domestic Violence filed.
Jan 27 2022 | Brief amicus curiae of American Academy of Matrimonial Lawyers in support of neither party filed.
Jan 27 2022 | The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
Jan 28 2022 | ARGUMENT SET FOR Tuesday, March 22, 2022.
Feb 03 2022 | The record received from the U.S.D.C. Eastern District of New York has been electronically filed.
Feb 11 2022 | CIRCULATED
Feb 18 2022 | Brief of respondent Isacco Saada filed. (Distributed)
Feb 24 2022 | Brief amicus curiae of International Academy of Family Lawyers filed. (Distributed)
Feb 25 2022 | Brief amici curiae of Professors of Law Linda J. Silberman, Robert G. Spector, and Louise Ellen Teitz filed. (Distributed)
Feb 25 2022 | Brief amicus curiae of Child Abduction Lawyers Association (CALA) filed. (Distributed)
Feb 25 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Mar 04 2022 | Proposal of respondent to lodge a copy and a certified English translation of the December 16, 2021 order of the Milan Court of First Instance in Saada v. Golan filed. (Distributed)
Mar 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED in part, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Solicitor General, and 35 minutes for respondent.
Mar 11 2022 | Reply of petitioner Narkis Golan filed. (Distributed)
Mar 15 2022 | The Clerk has approved respondent's lodging proposal of March 4, 2022.
Mar 15 2022 | Redacted order and redacted certified English translation of December 16, 2021 order of Court of First Instance of Milan lodged. (Distributed)
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QUESTION PRESENTED:
Whether the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violates the Supreme Court’s instruction in AT&T Mobility LLC v. Concepcion that lower courts must “place arbitration agreements on an equal footing with other contracts."
Date Proceedings and Orders
Aug 27 2021 | Petition for a writ of certiorari filed. (Response due October 1, 2021)
Sep 29 2021 | Motion for leave to file amici brief filed by Law Professors.
Oct 01 2021 | Brief of respondent Sundance, Inc. in opposition filed.
Oct 15 2021 | Reply of petitioner Robyn Morgan filed.
Oct 20 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 08 2021 | DISTRIBUTED for Conference of 11/12/2021.
Nov 15 2021 | Motion for leave to file amici brief filed by Law Professors GRANTED.
Nov 15 2021 | Petition GRANTED.
Nov 30 2021 | Motion for an extension of time to file respondent's brief on the merits filed.
Nov 30 2021 | Application (21A215) to extend the time to file a reply brief on the merits to March 11, 2022, submitted to Justice Kavanaugh.
Dec 15 2021 | Application (21A215) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until March 11, 2022.
Dec 15 2021 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including February 4, 2022.
Dec 29 2021 | Blanket Consent filed by Respondent, Sundance, Inc.
Dec 30 2021 | Brief of petitioner Robyn Morgan filed.
Dec 30 2021 | Joint appendix filed. (Statement of costs filed)
Jan 05 2022 | Brief amicus curiae of American Association for Justice filed.
Jan 06 2022 | Brief amicus curiae of The National Academy of Arbitrators filed.
Jan 06 2022 | Brief amici curiae of Law Professors filed.
Jan 06 2022 | Brief amici curiae of Minnesota, Maryland, et al. filed.
Jan 06 2022 | Brief amicus curiae of Public Citizen filed.
Jan 18 2022 | Blanket Consent filed by Petitioner, Robyn Morgan
Jan 26 2022 | Record requested from the U.S.C.A. 8th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 04 2022 | Brief of respondent Sundance, Inc. filed.
Feb 09 2022 | Brief amicus curiae of Washington Legal Foundation filed.
Feb 11 2022 | CIRCULATED
Feb 11 2022 | Brief amicus curiae of Restaurant Law Center filed. (Distributed)
Feb 11 2022 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 11 2022 | Reply of petitioner Robyn Morgan filed. (Distributed)
Mar 21 2022 | Argued. For petitioner: Karla A. Gilbride, Washington, D. C. For respondent: Paul D. Clement, Washington, D. C.
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QUESTION PRESENTED:
- Whether a state agent authorized by state law to defend the state’s interest in litigation must overcome a presumption of adequate representation to intervene as of right in a case in which a state official is a defendant;
- whether a district court’s determination of adequate representation in ruling on a motion to intervene as of right is reviewed de novo or for abuse of discretion; and
- whether petitioners Philip Berger, the president pro tempore of the state senate, and Timothy Moore, the speaker of the state house of representatives, are entitled to intervene as of right in this litigation.
Date Proceedings and Orders
Aug 19 2021 | Petition for a writ of certiorari filed. (Response due September 22, 2021)
Aug 26 2021 | Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
Aug 27 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
Oct 13 2021 | Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.
Oct 13 2021 | Brief of respondents Damon Circosta, et al. in opposition filed.
Oct 27 2021 | DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021 | DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021 | Petition GRANTED.
Jan 10 2022 | Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022 | Joint appendix filed.
Jan 17 2022 | Brief amicus curiae of Republican State Leadership Committee filed.
Jan 17 2022 | Brief amicus curiae of Liberty Justice Center filed.
Jan 17 2022 | Brief amicus curiae of Wisconsin Legislature filed.
Jan 18 2022 | Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
Jan 18 2022 | Brief amicus curiae of American Legislative Exchange Council filed.
Jan 18 2022 | Brief amicus curiae of Republican National Committee filed.
Jan 18 2022 | Brief amicus curiae of Honest Elections Project filed.
Jan 18 2022 | Brief amici curiae of Arizona, et al. filed.
Jan 26 2022 | Record requested from the U.S.C.A. 4th Circuit.
Jan 28 2022 | ARGUMENT SET FOR Monday, March 21, 2022.
Feb 09 2022 | Brief of NAACP respondents filed.
Feb 09 2022 | Brief of State respondents filed. (Distributed)
Feb 11 2022 | CIRCULATED
Feb 16 2022 | Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 16 2022 | Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
Feb 16 2022 | Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
Feb 16 2022 | Motion for divided argument filed by respondents.
Feb 16 2022 | Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
Mar 07 2022 | Motion for divided argument filed by respondents GRANTED.
Mar 08 2022 | Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Mar 21 2022 | Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.
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QUESTION PRESENTED:
1) Whether a cause of action exists under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics for First Amendment retaliation claims; and (2) whether a cause of action exists under Bivens for claims against federal officers engaged in immigration-related functions for allegedly violating a plaintiff’s Fourth Amendment rights.
Date Proceedings and Orders (key to color coding)
Jul 30 2021 | Petition for a writ of certiorari filed. (Response due September 2, 2021)
Aug 09 2021 | Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.
Aug 10 2021 | Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
Aug 30 2021 | Brief amicus curiae of Independent Women's Law Center filed.
Aug 31 2021 | Brief amicus curiae of National Border Patrol Council filed.
Sep 02 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Oct 04 2021 | Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.
Oct 04 2021 | Brief of respondent Robert Boule in opposition filed.
Oct 12 2021 | Waiver of the 14-day waiting period under Rule 15.5 filed.
Oct 12 2021 | Reply of petitioner Erik Egbert filed. (Distributed)
Oct 13 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
Nov 05 2021 | Petition GRANTED limited to Questions 1 and 2 presented by the petition.
Dec 17 2021 | ARGUMENT SET FOR Wednesday, March 2, 2022.
Dec 20 2021 | Brief of petitioner Erik Egbert filed.
Dec 20 2021 | Motion for leave to file the joint appendix under seal with redacted copies for the public record filed by respondent Robert Boule.
Dec 22 2021 | Brief amicus curiae of National Border Patrol Council filed.
Dec 23 2021 | Brief amicus curiae of United States filed.
Dec 27 2021 | Brief amicus curiae of Professor Jennifer L. Mascott filed.
Dec 27 2021 | Brief amicus curiae of Independent Women's Law Center filed.
Dec 27 2021 | Brief amici curiae of Dee Farmer, et al. in support of neither party filed.
Dec 27 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Dec 27 2021 | Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.
Dec 27 2021 | Brief amicus curiae of National ICE Council filed.
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QUESTION PRESENTED:
- Whether a group health plan that provides uniform reimbursement of all dialysis treatments observe the prohibition provided by the Medicare Secondary Payer Act that group health plans may not “take into account” the fact that a plan participant with end stage renal disease is eligible for Medicare benefits;
- whether a plan that provides the same dialysis benefits to all plan participants, and reimburses dialysis providers uniformly regardless of whether the patient has end stage renal disease, observe the prohibition under the Medicare Secondary Payer Act that a group health plan also may not “differentiate” between individuals with end stage renal disease and others “in the benefits it provides”; and
- whether the Medicare Secondary Payer Act is a coordination-of-benefits measure designed to protect Medicare, not an antidiscrimination law designed to protect certain providers from alleged disparate impact of uniform treatment.
Date Proceedings and Orders (key to color coding)
May 21 2021 | Petition for a writ of certiorari filed. (Response due June 24, 2021)
Jun 24 2021 | Waiver of right of respondent Davita Inc., et al. to respond filed.
Jun 30 2021 | DISTRIBUTED for Conference of 9/27/2021.
Jul 21 2021 | Response Requested. (Due August 20, 2021)
Aug 05 2021 | Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
Aug 06 2021 | Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
Sep 20 2021 | Brief of respondents Davita Inc., et al. in opposition filed.
Oct 04 2021 | Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Oct 06 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Petition GRANTED.
Dec 17 2021 | ARGUMENT SET FOR Tuesday, March 1, 2022.
Dec 20 2021 | Brief of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed.
Dec 20 2021 | Joint appendix filed. (Statement of costs filed)
Dec 21 2021 | Record requested from the U.S.C.A. 6th Circuit.
Dec 22 2021 | Brief amici curiae of Pacific Health Coalition, et al. filed.
Dec 23 2021 | Brief amicus curiae of United States filed.
Dec 23 2021 | Brief amicus curiae of Self-Insurance Institute of America, Inc. filed.
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QUESTION PRESENTED:
Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.
Date Proceedings and Orders (key to color coding)
Apr 05 2021 | Petition for a writ of certiorari filed. (Response due May 7, 2021)
Apr 27 2021 | Motion to extend the time to file a response from May 7, 2021 to June 7, 2021, submitted to The Clerk.
Apr 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2021.
May 07 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
May 27 2021 | Motion to extend the time to file a response from June 7, 2021 to July 7, 2021, submitted to The Clerk.
May 28 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 7, 2021.
Jul 07 2021 | Brief of respondent United States of America in opposition filed. VIDED.
Jul 20 2021 | Reply of petitioner Xiulu Ruan filed. (Distributed)
Jul 21 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021 | DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021 | Petition GRANTED. The petition for a writ of certiorari in No. 21-5261 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 05 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1410. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1410. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 08 2021 | Blanket Consent filed by Petitioner, Xiulu Ruan
Dec 17 2021 | ARGUMENT SET FOR Tuesday, March 1, 2022. VIDED.
Dec 17 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Dec 20 2021 | Brief of petitioner Xiulu Ruan filed (in 20-1410).
Dec 20 2021 | Joint appendix filed (in 20-1410). (Statement of costs filed)
Dec 20 2021 | Joint appendix filed (in 21-5261). (Statement of costs filed)
Dec 20 2021 | Brief of petitioner Shakeel Kahn filed (in 21-5261).
Dec 21 2021 | Record requested from the U.S.C.A. 11th Circuit.
Dec 21 2021 | Brief amicus curiae of Compassion & Choices filed (also in 21-5261). VIDED.
Dec 23 2021 | Brief amici curiae of Professors of Health Law and Policy filed.
Dec 27 2021 | Brief amicus curiae of Due Process Institute filed.
Dec 27 2021 | Brief amicus curiae of Cato Institute filed.
Dec 27 2021 | Brief amici curiae of Association of American Physicians and Surgeons and Jeffrey A. Singer, M.D. filed.
Dec 27 2021 | Brief amicus curiae of National Pain Advocacy Center filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Chain Drug Stores in support of neither party filed (also in 21-5261) VIDED.
Dec 27 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amicus curiae of Anmol Singh Kamra filed (also in 21-5261). VIDED.
Dec 27 2021 | Brief amici curiae of Stephen J. Ziegler, et al. filed.
Dec 28 2021 | Amicus brief of Physicians Against Abuse submitted.
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QUESTION PRESENTED:
Whether, in 42 U.S.C. § 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules — including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy — without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.
Date Proceedings and Orders (key to color coding)
Apr 29 2021 | Petition for a writ of certiorari filed. (Response due June 3, 2021)
May 26 2021 | Blanket Consent filed by Petitioner, State of West Virginia, et al.
May 27 2021 | Motion to extend the time to file a response from June 3, 2021 to July 6, 2021, submitted to The Clerk.
May 28 2021 | Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2021, for all respondents.
May 28 2021 | Brief of respondent National Mining Association in support filed.
Jun 02 2021 | Brief of respondent Basin Electric Power Cooperative in support filed.
Jun 03 2021 | Brief amicus curiae of Commonwealth of Kentucky filed.
Jun 03 2021 | Brief of respondent America's Power in support filed.
Jun 25 2021 | Motion to extend the time to file a response from July 6, 2021 to August 5, 2021, submitted to The Clerk.
Jun 28 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2021, for all respondents.
Aug 05 2021 | Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents U.S. Environmental Protection Agency, et al. in opposition filed. VIDED.
Aug 05 2021 | Brief of respondents States and Municipalities in opposition filed. VIDED.
Aug 24 2021 | Reply of petitioners State of West Virginia, et al. filed. (Distributed)
Aug 25 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021 | Petition GRANTED. The petitions for writs of certiorari in No. 20-1531 and No. 20-1780 are granted. The petition for a writ of certiorari in No. 20-1778 is granted limited to Question 2 presented by the petition. The cases are consolidated, and a total of one hour is allotted for oral argument. The motion of Lignite Energy Council for leave to file a brief as amicus curiae is granted. VIDED.
Nov 04 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-1530. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-1530. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 10 2021 | Blanket Consent filed by petitioners, State of West Virginia, et al. VIDED.
Nov 10 2021 | Blanket Consent filed by petitioner, North American Coal Corporation in No. 20-1531. VIDED.
Nov 10 2021 | Blanket Consent filed by petitioner, Westmoreland Minings Holdings LLC in No. 20-1778. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, America's Power in support. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, National Mining Association in support. VIDED.
Nov 24 2021 | Blanket Consent filed by respondent, Basin Electric Power Cooperative in support. VIDED.
Nov 24 2021 | Motion of Non-Governmental Organization and Trade Association Respondents for an extension of time not accepted for filing. (December 03, 2021)
Nov 26 2021 | Motion of respondents for an extension of time filed. VIDED.
Nov 29 2021 | Blanket Consent filed by respondent, U.S. Environmental Protection Agency, et al. VIDED.
Nov 29 2021 | Blanket Consent filed by petitioner, North Dakota in No. 20-1780. VIDED.
Nov 30 2021 | Blanket Consent filed by respondent, Non-Governmental Organization and Trade Association respondents. VIDED.
Dec 01 2021 | Motion to extend the time to file the response briefs on the merits is granted and the time is extended to and including January 18, 2022. VIDED.
Dec 06 2021 | Blanket Consent filed by respondents, States and Municipalities in opposition. VIDED.
Dec 13 2021 | Brief of respondent America's Power in support filed. VIDED.
Dec 13 2021 | Brief of respondent National Mining Association filed. VIDED.
Dec 13 2021 | Brief of respondent Basin Electric Power Cooperative filed. VIDED.
Dec 13 2021 | Brief of petitioner Westmoreland Minings Holdings LLC in No. 20-1778 filed. VIDED.
Dec 13 2021 | Brief of petitioner The State North Dakota in No. 20-1780 filed. VIDED.
Dec 13 2021 | Brief of petitioner The North American Coal Corporation filed. VIDED.
Dec 13 2021 | Joint appendix filed. VIDED. (Statement of costs filed)
Dec 13 2021 | Brief of petitioners West Virginia, et al. filed.
Dec 16 2021 | Brief amicus curiae of Landmark Legal Foundation filed.
Dec 16 2021 | Brief amici curiae of Cato Institute, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 16 2021 | Brief amici curiae of Lignite Energy Council, et al. filed.(Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 17 2021 | ARGUMENT SET FOR Monday, February 28, 2022. VIDED.
Dec 17 2021 | Brief amicus curiae of Competitive Enterprise Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 17 2021 | Brief amici curiae of South Texas Electric Cooperative, Inc., et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amici curiae of Scholars of Congressional Accountability in support of neither party filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amicus curiae of Buckeye Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amicus curiae of New England Legal Foundation filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amicus curiae of America First Policy Institute filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amici curiae of Michigan House of Representatives, et al. filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amici curiae of 91 Members of Congress filed. (Also in 20-1531, 20-1778, 20-1780) VIDED.
Dec 20 2021 | Brief amici curiae of Kentucky, et al. filed.
Dec 20 2021 | Brief amici curiae of Doctors for Disaster Preparedness, et al. filed.
Dec 20 2021 | Brief amicus curiae of New Civil Liberties Alliance (Dec. 30, 2021) filed.
Dec 21 2021 | Record requested from the U.S.C.A. District of Columbia Circuit.
Dec 30 2021 | Amicus brief of New Civil Liberties Alliance not accepted for filing. (Corrected version submitted)(January 05, 2022)
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QUESTION PRESENTED:
Whether states with interests should be permitted to intervene to defend a rule when the United States ceases to defend.
Date Proceedings and Orders (key to color coding)
Jun 18 2021 | Petition for a writ of certiorari filed. (Response due July 23, 2021)
Jul 09 2021 | Motion to extend the time to file a response from July 23, 2021 to August 23, 2021, submitted to The Clerk.
Jul 12 2021 | Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2021, for all respondents.
Aug 23 2021 | Brief of respondent United States in opposition filed.
Aug 23 2021 | Brief of respondents State of California et al. in opposition filed.
Aug 23 2021 | Brief of respondents City and County of San Francisco, et al. in opposition filed.
Aug 23 2021 | Brief of respondents Washington et al. in opposition filed. (Distributed)
Sep 08 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 08 2021 | Reply of petitioners Arizona, et al. filed. (Distributed)
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021.
Oct 29 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Dec 13 2021 | Brief of petitioners Arizona, et al. filed.
Dec 13 2021 | Joint appendix filed.
Dec 14 2021 | Blanket Consent filed by Petitioner, Arizona, et al.
Dec 17 2021 | ARGUMENT SET FOR Wednesday, February 23, 2022.
Dec 17 2021 | Brief amicus curiae of America First Legal Foundation filed.
Dec 20 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Dec 20 2021 | Brief amici curiae of Ohio, et al. filed.
Dec 21 2021 | Record requested from the U.S.C.A. 9th Circuit.
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QUESTION PRESENTED:
Whether the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act provides the Ysleta del Sur Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the act’s legislative history and the Supreme Court’s holding in California v. Cabazon Band of Mission Indians, or whether the U.S. Court of Appeals for the 5th Circuit’s decision affirming Ysleta del Sur Pueblo v. Texas (Ysleta I) correctly subjects the Pueblo to all Texas gaming regulations.
Date Proceedings and Orders (key to color coding)
Oct 09 2020 | Petition for a writ of certiorari filed. (Response due November 16, 2020)
Oct 26 2020 | Waiver of right of respondent State of Texas to respond filed.
Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 03 2020 | Brief amici curiae of Alabama-Coushatta Tribe of Texas, et al. filed. (Distributed)
Nov 10 2020 | Response Requested. (Due December 10, 2020)
Nov 12 2020 | Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk.
Nov 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021.
Jan 11 2021 | Brief of respondent State of Texas in opposition filed.
Jan 25 2021 | Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 25 2021 | Brief amicus curiae of United States filed.
Sep 03 2021 | Supplemental brief of respondent Texas filed. (Distributed)
Sep 08 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 18 2021 | Petition GRANTED.
Nov 17 2021 | Motion for an extension of time to file respondent's brief on the merits filed.
Nov 19 2021 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 10, 2022.
Dec 02 2021 | Brief of petitioner Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed.
Dec 02 2021 | Joint appendix filed. (Statement of costs filed)
Dec 09 2021 | Brief amicus curiae of Alabama-Coushatta Tribe of Texas filed.
Dec 09 2021 | Brief amici curiae of National Indian Gaming Association, et al. filed.
Dec 09 2021 | Brief amicus curiae of United States filed.
Dec 17 2021 | ARGUMENT SET FOR Tuesday, February 22, 2022.
Dec 21 2021 | Record requested from the U.S.C.A. 5th Circuit.
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QUESTION PRESENTED:
Whether the Court of Indian Offenses of Ute Mountain Ute Agency is a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States district court for a crime arising out of the same incident.
Date Proceedings and Orders (key to color coding)
Mar 26 2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)
Apr 05 2021 | Waiver of right of respondent United States to respond filed.
Apr 08 2021 | DISTRIBUTED for Conference of 4/23/2021.
Apr 19 2021 | Response Requested. (Due May 19, 2021)
May 12 2021 | Motion to extend the time to file a response from May 19, 2021 to June 18, 2021, submitted to The Clerk.
May 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 18, 2021.
Jun 15 2021 | Motion to extend the time to file a response from June 18, 2021 to July 19, 2021, submitted to The Clerk.
Jun 16 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 19, 2021.
Jul 19 2021 | Brief of respondent United States in opposition filed.
Aug 05 2021 | DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021.
Oct 18 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Nov 18 2021 | Joint motion for an extension of time to file the briefs on the merits filed.
Nov 18 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 7, 2021. The time to file respondent's brief on the merits is extended to and including January 11, 2022.
Dec 07 2021 | Brief of petitioner Merle Denezpi filed.
Dec 07 2021 | Joint appendix filed.
Dec 14 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 17 2021 | ARGUMENT SET FOR Tuesday, February 22, 2022.
Dec 21 2021 | Record requested from the U.S.C.A. 10th Circuit.
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QUESTION PRESENTED:
Whether, when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018, a district court must or may consider intervening legal and factual developments.
Date Proceedings and Orders (key to color coding)
May 24 2021 | Petition for a writ of certiorari filed. (Response due June 25, 2021)
Jun 21 2021 | Motion to extend the time to file a response from June 25, 2021 to July 26, 2021, submitted to The Clerk.
Jun 22 2021 | Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
Jul 19 2021 | Motion to extend the time to file a response from July 26, 2021 to August 25, 2021, submitted to The Clerk.
Jul 20 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2021.
Aug 25 2021 | Brief of respondent United States of America in opposition filed.
Sep 08 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 09 2021 | Reply of petitioner Carlos Concepcion filed. (Distributed)
Sep 30 2021 | Petition GRANTED.
Oct 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner Carlos Concepcion.
Nov 01 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 15 2021 | Brief of petitioner Carlos Concepcion filed.
Nov 17 2021 | ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 1st Circuit.
Nov 22 2021 | Brief amici curiae of Drug Policy Alliance and The Law Enforcement Action Partnership filed.
Nov 22 2021 | Brief amici curiae of FAMM, The National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders filed.
Nov 22 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Nov 22 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Nov 22 2021 | Brief amici curiae of The Howard University School of Law Civil Rights Clinic; A New Way of Life Reentry Project filed.
Nov 22 2021 | Brief amici curiae of Dr. Karen Swanson, Dr. Byron R. Johnson, and Dr. Sung Joon Jang filed.
Nov 22 2021 | Brief amici curiae of Due Process Institute, American Civil Liberties Union, ACLU of Massachusetts, and Southern Poverty Law Center filed.
Nov 22 2021 | Brief amicus curiae of American Conservative Union Foundation filed.
Nov 22 2021 | Brief amici curiae of The District of Columbia, et al., filed.
Nov 22 2021 | Brief amici curiae of Criminal Law Scholars filed.
Dec 06 2021 | The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
Dec 06 2021 | The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer, the Sealed Appendix is filed electronically.
Dec 14 2021 | CIRCULATED
Dec 15 2021 | Brief of respondent United States filed. (Distributed)
Jan 07 2022 | Reply of petitioner Carlos Concepcion filed. (Distributed)
Jan 19 2022 | Argued. For petitioner: Charles L. McCloud, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
- Whether appellees have standing to challenge the statutory loan-repayment limit of 52 U.S.C. 30116(j); and
- whether the loan-repayment limit violates the Free Speech clause of the First Amendment.
Date Proceedings and Orders (key to color coding)
Jul 02 2021 | Statement as to jurisdiction filed. (Response due August 6, 2021)
Aug 05 2021 | Brief amicus curiae of Institute for Free Speech filed.
Aug 06 2021 | Brief amicus curiae of Campaign Legal Center filed.
Aug 06 2021 | Motion to affirm or dismiss filed by appellees Ted Cruz For Senate, et al.
Aug 25 2021 | DISTRIBUTED for Conference of 9/27/2021.
Aug 25 2021 | Opposition to motion to affirm or dismiss filed by appellant Federal Election Commission.
Sep 30 2021 | Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
Nov 05 2021 | Blanket Consent filed by Respondent, Ted Cruz For Senate, et al.
Nov 15 2021 | Brief of appellant Federal Election Commission filed.
Nov 15 2021 | Joint appendix filed.
Nov 17 2021 | ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. D.C. Circuit.
Nov 17 2021 | The record from the U.S.D.C. District of Columbia is electronic and located on Pacer.
Nov 19 2021 | Brief amicus curiae of Public Citizen filed.
Nov 22 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Nov 22 2021 | Brief amici curiae of Campaign Legal Center, et al. filed.
Nov 22 2021 | Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed.
Dec 14 2021 | CIRCULATED
Dec 15 2021 | Brief of appellees Ted Cruz For Senate, et al. filed. (Distributed)
Dec 20 2021 | Brief amicus curiae of Public Policy Legal Institute filed. (Distributed)
Dec 21 2021 | Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Dec 22 2021 | Brief amicus curiae of Senator Mitch McConnell filed. (Distributed)
Dec 22 2021 | Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
Dec 22 2021 | Brief amici curiae of United States Senators Roy Blunt, et al. filed. (Distributed)
Dec 22 2021 | Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Dec 22 2021 | Brief amicus curiae of Republican National Committee filed. (Distributed)
Jan 06 2022 | Reply of appellant Federal Election Commission filed. (Distributed)
Jan 19 2022 | Argued. For appellant: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees: Charles J. Cooper, Washington, D. C.
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QUESTION PRESENTED:
Whether a federal court hearing state law claims brought under the Foreign Sovereign Immunities Act must apply the forum state’s choice-of-law rules to determine what substantive law governs the claims at issue, or whether it may apply federal common law.
Date Proceedings and Orders (key to color coding)
May 06 2021 | Petition for a writ of certiorari filed. (Response due June 10, 2021)
May 14 2021 | Waiver of right of respondent Thyssen-Bornemisza Collection Foundation to respond filed.
May 18 2021 | DISTRIBUTED for Conference of 6/3/2021.
May 24 2021 | Response Requested. (Due June 23, 2021)
May 24 2021 | Brief amici curiae of 14 Professors of Law filed.
Jun 02 2021 | Motion to extend the time to file a response from June 23, 2021 to July 30, 2021, submitted to The Clerk.
Jun 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including July 30, 2021.
Jul 29 2021 | Brief of respondent Thyssen-Bornemisza Collection Foundation in opposition filed.
Aug 17 2021 | Reply of petitioners David Cassirer, et al. filed. (Distributed)
Aug 18 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 30 2021 | Petition GRANTED.
Oct 14 2021 | Joint motion for an extension of time to file the briefs on the merits filed.
Oct 19 2021 | Joint motion to extend the time to file the briefs on the merits denied.
Oct 21 2021 | Blanket Consent filed by Petitioner, David Cassirer, et al.
Oct 21 2021 | Blanket Consent filed by Respondent, Thyssen-Bornemisza Collection Foundation
Nov 15 2021 | Brief of petitioners David Cassirer, et al filed.
Nov 15 2021 | Joint appendix filed.
Nov 17 2021 | ARGUMENT SET FOR Tuesday, January 18, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 9th Circuit.
Nov 17 2021 | The record from the 9th Circuit is electronic and located on Pacer.
Nov 18 2021 | Brief amici curiae of The 1939 Society, et al. filed.
Nov 19 2021 | Brief amici curiae of B'nai B'rith International, et al. filed.
Nov 22 2021 | Brief amicus curiae of United States filed.
Nov 22 2021 | Brief amici curiae of Professors of Law filed.
Nov 22 2021 | Brief amici curiae of Comunidad Judía de Madrid and Federación de Comunidades Judías de España filed.
Nov 22 2021 | Brief amicus curiae of Mark B. Feldman filed.
Dec 14 2021 | CIRCULATED
Dec 15 2021 | Brief of respondent Thyssen-Bornemisza Collection Foundation filed. (Distributed)
Dec 20 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Jan 06 2022 | The record received from the United States District Court Central District of California - 1 Box. Exhibits received has been electronically filed.
Jan 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 07 2022 | Reply of petitioners David Cassirer, et al. filed. (Distributed)
Jan 18 2022 | Argued. For petitioners: David Boies, Armonk, N. Y.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Thaddeus J. Stauber, Los Angeles, Cal.
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QUESTION PRESENTED:
- Whether the U.S. Court of Appeals for the 1st Circuit’s failure to apply the Supreme Court’s forum doctrine to the First Amendment challenge of a private religious organization that was denied access to briefly display its flag on a city flagpole, pursuant to a city policy expressly designating the flagpole a public forum open to all applicants, with hundreds of approvals and no denials, conflicts with the Supreme Court’s precedents holding that speech restrictions based on religious viewpoint or content violate the First Amendment or are otherwise subject to strict scrutiny and that the establishment clause is not a defense to censorship of private speech in a public forum open to all comers;
- whether the 1st Circuit’s classifying as government speech the brief display of a private religious organization’s flag on a city flagpole, pursuant to a city policy expressly designating the flagpole a public forum open to all applicants, with hundreds of approvals and no denials, unconstitutionally expands the government speech doctrine, in direct conflict with the court’s decisions in Matal v. Tam, Walker v. Texas Division, Sons of Confederate Veterans, Inc. and Pleasant Grove City v. Summum; and
- whether the 1st Circuit’s finding that the requirement for perfunctory city approval of a proposed brief display of a private religious organization’s flag on a city flagpole, pursuant to a city policy expressly designating the flagpole a public forum open to all applicants with hundreds of approvals and no denials, transforms the religious organization’s private speech into government speech, conflicts with the Supreme Court’s precedent in Matal v. Tam, and circuit court precedents in New Hope Family Services, Inc. v. Poole, Wandering Dago, Inc. v. Destito, Eagle Point Education Association v. Jackson County School District and Robb v. Hungerbeeler.
Date Proceedings and Orders (key to color coding)
Jun 21 2021 | Petition for a writ of certiorari filed. (Response due July 26, 2021)
Jul 23 2021 | Brief of respondents City of Boston, et al. in opposition filed.
Jul 26 2021 | Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
Aug 11 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 17 2021 | Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
Sep 30 2021 | Petition GRANTED.
Oct 27 2021 | Blanket Consent filed by Petitioner, Harold Shurtleff, et al.
Nov 02 2021 | Blanket Consent filed by Respondent, City of Boston, et al.
Nov 12 2021 | Motion to dispense with printing the joint appendix filed by petitioners Harold Shurtleff, et al.
Nov 15 2021 | Brief of petitioners Harold Shurtleff, et al. filed.
Nov 16 2021 | Brief amicus curiae of Foundation for Moral Law filed.
Nov 17 2021 | ARGUMENT SET FOR Tuesday, January 18, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 1st Circuit.
Nov 17 2021 | Brief amicus curiae of Liberty, Life and Law Foundation filed.
Nov 19 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Nov 22 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 22 2021 | Brief amicus curiae of Bronx Household of Faith filed.
Nov 22 2021 | Brief amici curiae of American Civil Liberties Union and American Civil Liberties Union of Massachusetts filed.
Nov 22 2021 | Brief amicus curiae of American Cornerstone Institute filed.
Nov 22 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Nov 22 2021 | Brief amicus curiae of United States filed.
Nov 22 2021 | Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.
Nov 22 2021 | Brief amicus curiae of The American Legion filed.
Nov 22 2021 | Brief amicus curiae of The Rutherford Institute filed.
Nov 22 2021 | Brief amicus curiae of Thomas More Society filed.
Nov 22 2021 | Brief amici curiae of Congressional Prayer Caucus Foundation, et al. filed.
Nov 22 2021 | Brief amicus curiae of Protect the First Foundation filed.
Nov 22 2021 | Brief amicus curiae of CatholicVote.org Education Fund filed.
Nov 22 2021 | Brief amici curiae of Advancing American Freedom and Faith & Freedom Coalition filed.
Nov 22 2021 | Brief amici curiae of Kentucky, et al. filed.
Nov 30 2021 | The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer.
Nov 30 2021 | The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
Dec 14 2021 | CIRCULATED
Dec 15 2021 | Brief of respondents City of Boston, et al. filed. (Distributed)
Dec 20 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Dec 22 2021 | Brief amici curiae of National Council of the Churches of Christ in the USA, et al. filed. (Distributed)
Dec 22 2021 | Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Dec 22 2021 | Brief amici curiae of Jewish Alliance for Law and Social Action, et al. filed. (Distributed)
Dec 22 2021 | Brief amici curiae of Local Government Organizations filed. (Distributed)
Dec 22 2021 | Brief amici curiae of Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
Dec 22 2021 | Brief amicus curiae of Anti-Defamation League filed. (Distributed)
Jan 07 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 07 2022 | Reply of Harold Shurtleff, et al. not accepted for filing. (Corrected version submitted)(January 11, 2022)
Jan 07 2022 | Reply of petitioners Harold Shurtleff, et al. filed. (Distributed)
Jan 18 2022 | Argued. For petitioners: Mathew Staver, Orlando, Fla.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Douglas Hallward-Driemeier, Washington, D. C.
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QUESTION PRESENTED:
Whether the 30-day time limit to file a petition for review in the Tax Court of a notice of determination from the commissioner of internal revenue in 26 U.S.C. § 6330(d)(1) is a jurisdictional requirement or a claim-processing rule subject to equitable tolling.
Date Proceedings and Orders (key to color coding)
Apr 16 2021 | Petition for a writ of certiorari filed. (Response due May 21, 2021)
May 12 2021 | Motion to extend the time to file a response from May 21, 2021 to June 21, 2021, submitted to The Clerk.
May 13 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
May 18 2021 | Brief amicus curiae of The Center for Taxpayer Rights filed.
May 21 2021 | Brief amici curiae of Federal Tax Clinic at Charles Widger School of Law et al. filed.
Jun 11 2021 | Motion to extend the time to file a response from June 21, 2021 to July 22, 2021, submitted to The Clerk.
Jun 14 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 22, 2021.
Jul 22 2021 | Brief of respondent Commissioner of Internal Revenue in opposition filed.
Aug 10 2021 | Reply of petitioner Boechler, P.C. filed. (Distributed)
Aug 11 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 30 2021 | Petition GRANTED.
Nov 15 2021 | Joint appendix filed. (Statement of costs filed)
Nov 15 2021 | Brief of petitioner Boechler, P.C. filed.
Nov 17 2021 | ARGUMENT SET FOR Wednesday, January 12, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 8th Circuit.
Nov 22 2021 | Brief amici curiae of National Taxpayers Union Foundation, et al., filed.
Nov 22 2021 | Brief amici curiae of Federal Tax Clinics, Legal Aid Groups, and Tax Professors filed.
Nov 22 2021 | Brief amici curiae of The Center for Taxpayer Rights, et al. filed.
Nov 22 2021 | Amicus brief of A. Lavar Taylor not accepted for filing. (Corrected version submitted - December 01, 2021).
Nov 22 2021 | Brief amicus curiae of A. Lavar Taylor filed.
Dec 14 2021 | CIRCULATED
Dec 15 2021 | Brief of respondent Commissioner of Internal Revenue filed. (Distributed)
Dec 30 2021 | Reply of petitioner Boechler, P.C. filed. (Distributed)
Jan 10 2022 | Letter from Solicitor General regarding statistics in brief on the merits filed. (Distributed)
Jan 11 2022 | Record received from the U.S.C.A. 8th Circuit. 1 - Box
Jan 12 2022 | Argued. For petitioner: Melissa Arbus Sherry, Washington, D. C. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether an alien who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the alien is a flight risk or a danger to the community; and (2) whether, under 8 U. S. C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief.
Date Proceedings and Orders (key to color coding)
Sep 04 2020 | Petition for a writ of certiorari filed. (Response due October 13, 2020)
Sep 22 2020 | Motion to extend the time to file a response from October 13, 2020 to December 14, 2020, submitted to The Clerk.
Sep 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
Oct 13 2020 | Brief amicus curiae of Immigration Reform Law Institute filed.
Dec 08 2020 | Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
Dec 10 2020 | Motion to extend the time to file a response is granted in part; time is extended to and including December 16, 2020.
Dec 16 2020 | Brief of respondents Esteban A. Gonzalez, et al. in opposition filed.
Dec 21 2020 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Aug 23 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether, under 8 U. S. C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief.
Sep 28 2021 | Motion for an extension of time to file the briefs on the merits filed.
Oct 01 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021.
Oct 06 2021 | Motion to dispense with printing the joint appendix filed by petitioner Merrick B. Garland, Attorney General, et al.
Oct 14 2021 | Brief of petitioners Merrick B. Garland, Attorney General, et al. filed.
Oct 18 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Oct 21 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Nov 17 2021 | ARGUMENT SET FOR Tuesday, January 11, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 9th Circuit.
Nov 17 2021 | the record from the 9th Circuit is electronic and located on Pacer.
Nov 22 2021 | Brief of respondents Esteban A. Gonzalez, et al. filed.
Nov 24 2021 | Brief amici curiae of Asian-Americans Advancing Justice-Asian Law Caucus, et al. filed (also in 19-896). VIDED.
Nov 29 2021 | Brief amici curiae of Retired Federal Judges filed.
Nov 29 2021 | Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 19-896). VIDED.
Nov 29 2021 | Brief amici curiae of Law Professors filed.
Nov 29 2021 | Brief amicus curiae of Constitutional Accountability Center filed (also in 19-896). VIDED.
Dec 08 2021 | CIRCULATED
Dec 22 2021 | Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
Jan 11 2022 | Argued. For petitioners: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew H. Adams, Seattle, Wash.
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QUESTION PRESENTED:
Whether an alien who is detained under 8 U.S.C. § 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the alien is a flight risk or a danger to the community.
Date Proceedings and Orders
Nov 08 2019 | Application (19A515) to extend the time to file a petition for a writ of certiorari from November 18, 2019 to December 18, 2019, submitted to Justice Alito.
Nov 12 2019 | Application (19A515) granted by Justice Alito extending the time to file until December 18, 2019.
Dec 06 2019 | Application (19A515) to extend further the time from December 18, 2019 to January 17, 2020, submitted to Justice Alito.
Dec 10 2019 | Application (19A515) granted by Justice Alito extending the time to file until January 17, 2020.
Jan 17 2020 | Petition for a writ of certiorari filed. (Response due February 20, 2020)
Jan 17 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and shouild not be submitted through the Court's electronic filing system.
Feb 13 2020 | Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
Feb 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
Mar 06 2020 | Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
Mar 06 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
Apr 22 2020 | Brief of respondent Antonio Arteaga-Martinez in opposition filed.
May 08 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk.
May 08 2020 | Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
May 14 2020 | Reply of petitioners Matthew T. Albence, Acting Director of U.S. Immigration, et al. filed. (Distributed)
May 19 2020 | DISTRIBUTED for Conference of 6/4/2020.
Jun 08 2020 | DISTRIBUTED for Conference of 6/11/2020.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Aug 23 2021 | Petition GRANTED.
Aug 23 2021 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Sep 28 2021 | Motion for an extension of time to file the briefs on the merits filed.
Oct 01 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 14, 2021. The time to file respondent's brief on the merits is extended to and including November 22, 2021.
Oct 06 2021 | Motion to dispense with printing the joint appendix filed by petitioner Tae D. Johnson, et al.
Oct 14 2021 | Brief of petitioners Tae D. Johnson, et al. filed.
Oct 18 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 17 2021 | ARGUMENT SET FOR Tuesday, January 11, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 3rd Circuit.
Nov 22 2021 | Brief of respondent Antonio Arteaga-Martinez filed.
Nov 24 2021 | Brief amici curiae of Asian-Americans Advancing Justice-Asian Law Caucus, et al filed (also in 20-322). VIDED.
Nov 29 2021 | Brief amici curiae of Former Immigration Judges and Board of Immigration Appeals Members filed (also in 20-322). VIDED.
Nov 29 2021 | Brief amicus curiae of Constitutional Accountability Center filed (also in 20-322). VIDED.
Nov 30 2021 | The record from the U.S.C.A. 3rd Circuit and for the U.S.D.C. Middle District of Pennsylvania (Harrisburg) has been electronically filed.
Dec 08 2021 | CIRCULATED
Dec 22 2021 | Reply of petitioners Tae D. Johnson, et al. filed. (Distributed)
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QUESTION PRESENTED:
Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.
Date Proceedings and Orders (key to color coding)
Mar 09 2021 | Petition for a writ of certiorari filed. (Response due April 12, 2021)
Mar 24 2021 | Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
Mar 25 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
May 20 2021 | Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
May 20 2021 | Response to motion from petitioner Gianinna Gallardo filed.
May 21 2021 | Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021.
May 25 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Jun 01 2021 | Response to petition from respondent Simone Marstiller filed.
Jun 07 2021 | Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 23 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 15, 2021. The time to file respondent's brief on the merits is extended to and including November 15, 2021.
Sep 15 2021 | Brief of petitioner Gianinna Gallardo filed.
Sep 15 2021 | Joint appendix filed. (Statement of costs filed)
Sep 22 2021 | Brief amicus curiae of United States filed.
Sep 22 2021 | Brief amici curiae of American Association for Justice and Florida Justice Association filed.
Sep 22 2021 | Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed.
Nov 15 2021 | Brief of respondent Simone Marstiller filed.
Nov 17 2021 | ARGUMENT SET FOR Monday, January 10, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 11th Circuit
Nov 17 2021 | The record from the 11th Circuit is electronic and located on Pacer.
Nov 18 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 22 2021 | Brief amici curiae of National Conference of State Legislatures, et al. filed.
Nov 22 2021 | Brief amici curiae of States of Utah, Ohio, and 12 Other States filed.
Dec 06 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Dec 08 2021 | CIRCULATED
Dec 15 2021 | Reply of petitioner Gianinna Gallardo filed. (Distributed)
Jan 10 2022 | Argued. For petitioner: Bryan S. Gowdy, Jacksonville, Fla.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Henry C. Whitaker, Solicitor General, Tallahassee, Fla.
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QUESTION PRESENTED:
Whether the Supreme Court should issue a stay of OSHA's vaccine-or-testing regime for all businesses with 100 or more employees.
Date Proceedings and Orders
Dec 17 2021 | Application (21A244) for a stay, submitted to Justice Kavanaugh.
Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
Dec 20 2021 | Motion for leave to file amicus curiae brief filed by Washington Legal Foundation.
Dec 22 2021 | Application (21A244) referred to the Court.
Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.
Dec 22 2021 | Motion for leave to file amici curiae brief filed by Former OSHA Administrators Charles Jeffress, David Michaels, and Gerard Scannell. VIDED.
Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A244 and 21A247 will now be reflected on the docket of No. 21A244. Subsequent filings in No. 21A244 and/or 21A247 must therefore be submitted through the electronic filing system in No. 21A244. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.”
Dec 23 2021 | Motion for divided argument filed by applicants. VIDED.
Dec 23 2021 | Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
Dec 23 2021 | Motion for leave to file amicus curiae brief filed by Constitutional Accountability Center. VIDED.
Dec 27 2021 | Motion for leave to file amici curiae brief filed by National Employment Lawyers Association and Jobs With Justice Educational Fund. VIDED.
Dec 28 2021 | Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED.
Dec 28 2021 | Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED.
Dec 29 2021 | Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED.
Dec 29 2021 | Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED.
Dec 30 2021 | Motion for divided argument filed by applicants GRANTED. VIDED.
Dec 30 2021 | Motion for Leave to File and Brief of Amici Curiae of Members of Congress not accepted for filing. (January 03, 2022)
Dec 30 2021 | Response to application from respondents Occupational Safety and Health Administration, et al. filed. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by Local Unions 1249 and 97 of the International Brotherhood of Electrical Workers. VIDED.
Dec 30 2021 | Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED.
Dec 30 2021 | Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED.
Dec 30 2021 | Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED.
Dec 30 2021 | Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED.
Dec 30 2021 | Motion for leave to file amicus curiae brief filed by the IU Family for Choice, not Mandates, Inc. VIDED.
Jan 03 2022 | Reply of applicant National Federation of Independent Business, et al. filed.
Jan 03 2022 | Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED.
Jan 03 2022 | Motion for leave to file amici curiae brief filed by Members of Congress. VIDED.
Jan 03 2022 | Reply of Ohio, et al. in support of application submitted.
Jan 05 2022 | Motion of Jason Feliciano , et al.
Jan 06 2022 | Motion of Alsco, Inc. for Leave to File Brief as Amicus Curiae in Opposition to Emergency Applications for a Stay or Injunction Pending Certiorari Review; For Leave to File Without 10 Days' Notice; and For Leave to File in Paper Format of Alsco, Inc. submitted.
Jan 06 2022 | Motion of 400 Physicians, Surgeons, Nurses, and Medical Professionals Opposing OSHA’s Unconstitutional Overreach Leave to File Attached Brief as Amicus Curiae in Support of Applicants of 400 Physicians, Surgeons, Nurses, and Medical Professionals Opposing OSHA’s Unconstitutional Overreach submitted.
Jan 06 2022 | Motion for Leave to File; and Amici Brief of Two Unnamed Workers in Support of Application for Stay, Grant of Certiorari, and Reversal of Two Unnamed Workers submitted.
Jan 06 2022 | Motion for Leave to File Amicus Brief and Brief of American Commitment Foundation, Inc. submitted.
Jan 07 2022 | Argued. For applicants in 21A244: Scott A. Keller, Washington, D. C. For applicants in 21A247: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
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QUESTION PRESENTED:
Whether the Supreme Court should issue a stay of the injunction issued by the United States District Court for the Eastern District of Missouri blocking a federal rule that requires all health care workers at facilities that participate in Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they are eligible for a medical or religious exemption.
Date Proceedings and Orders
Dec 16 2021 | Application (21A240) for a stay, submitted to Justice Kavanaugh.
Dec 17 2021 | Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
Dec 21 2021 | Motion for leave to file amici curiae brief filed by American Medical Association, et al.
Dec 22 2021 | Application (21A240) referred to the Court.
Dec 22 2021 | Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.
Dec 22 2021 | Motion for leave to file amici curiae brief filed by Service Employees International Union, et al.
Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.”
Dec 23 2021 | Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
Dec 23 2021 | Motion for Leave to File and Brief of Amici Curiae of American Public Health Association, Association of American Medical Colleges, 22 deans of leading academic programs, and 126 leading public health and health policy scholars submitted.
Dec 27 2021 | Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED.
Dec 28 2021 | Motion for divided argument filed by respondents. VIDED.
Dec 30 2021 | Motion for divided argument filed by respondents GRANTED. VIDED.
Dec 30 2021 | Response to application from respondent Missouri, et al. filed.
Dec 30 2021 | Response to application from respondents Louisiana, et al. filed. VIDED.
Dec 30 2021 | Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al.
Jan 03 2022 | Reply of applicants Joseph R. Biden, et al. filed. VIDED.
Jan 03 2022 | Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED.
Jan 03 2022 | Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund.
Jan 07 2022 | Argued. For applicants in 21A240 and 21A241: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents in 21A240: Jesus A. Osete, Deputy Attorney General, Jefferson City, Mo. For respondents in 21A241: Elizabeth Murrill, Solicitor General, Baton Rouge, La. VIDED.
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QUESTION PRESENTED:
Whether application of the equitable rule the Supreme Court announced in Martinez v. Ryan renders the Antiterrorism and Effective Death Penalty Act, which precludes a federal court from considering evidence outside the state-court record when reviewing the merits of a claim for habeas relief if a prisoner or his attorney has failed to diligently develop the claim’s factual basis in state court, inapplicable to a federal court’s merits review of a claim for habeas relief.
Date Proceedings and Orders (key to color coding)
Jan 20 2021 | Petition for a writ of certiorari filed. (Response due February 26, 2021)
Feb 17 2021 | Motion to extend the time to file a response from February 26, 2021 to March 29, 2021, submitted to The Clerk.
Feb 18 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
Feb 26 2021 | Brief amici curiae of The States of Texas, Alabama, Arkansas, Florida, Indiana, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oregon, South Carolina, and Utah filed.
Mar 29 2021 | Brief of respondent David Martinez Ramirez in opposition filed.
Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021.
Apr 16 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
May 10 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | Petition GRANTED.
May 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jun 08 2021 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2021. The time to file respondents' brief on the merits is extended to and including September 13, 2021.
Jun 10 2021 | Blanket Consent filed by Petitioner, David Shinn, et al.
Jun 10 2021 | Blanket Consent filed by Respondent, David Martinez Ramirez
Jul 14 2021 | Application (21A6) to file the response and reply briefs on the merits in excess of the word limits, submitted to Justice Kagan.
Jul 15 2021 | Brief of petitioners David Shinn, et al. filed.
Jul 15 2021 | Joint appendix filed.
Jul 22 2021 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed.
Jul 22 2021 | Brief amici curiae of The States of Texas, et al. filed.
Jul 22 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jul 23 2021 | Application (21A6) granted by Justice Kagan to file the response and reply briefs on the merits in excess of the word limits.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 13 2021 | Brief of respondents David Martinez Ramirez & Barry Lee Jones filed.
Sep 20 2021 | Brief amici curiae of The Arizona Justice Project and Robert Bartels filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars Lee Kovarsky, Valena Beety, et al. filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Former State Supreme Court Justices and Former Federal Judges filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of The Innocence Network filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Habeas Scholars filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Bipartisan Former Department of Justice Officials and Former Federal Prosecutors filed. (Distributed)
Sep 20 2021 | Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Federal Defender Capital Habeas Units filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Arizona Capital Representation Project, et al. filed (to be recovered). (Distributed). Recovered brief distributed 10/26/21.
Sep 21 2021 | CIRCULATED
Oct 13 2021 | Reply of petitioners David Shinn, et al. filed. (Distributed)
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 22 2021 | REMOVED from the November 2021 ARGUMENT CALENDAR for rescheduling.
Oct 26 2021 | ARGUMENT RESCHEDULED FOR Wednesday, December 8, 2021
Nov 03 2021 | The record from the U.S.D.C. District of Arizona is electronic and located on Pacer. Also sent is one box of state court records from the Arizona Supreme Court containing 41 documents and one Sealed envelope.
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QUESTION PRESENTED:
Whether a state violates the religion clauses or equal protection clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction.
Date Proceedings and Orders (key to color coding)
Feb 04 2021 | Petition for a writ of certiorari filed. (Response due March 11, 2021)
Feb 26 2021 | Blanket Consent filed by Petitioner, David Carson, et al.
Mar 09 2021 | Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.
Mar 09 2021 | Waiver of right of respondent A. Pender Makin to respond filed.
Mar 11 2021 | Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Mar 11 2021 | Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.
Mar 11 2021 | Brief amici curiae of Innovative Schools filed.
Mar 11 2021 | Brief amici curiae of National Legal Foundation, et al. filed.
Mar 11 2021 | Brief amicus curiae of EdChoice filed.
Mar 11 2021 | Brief amici curiae of Liberty Justice Center,et al. filed.
Mar 11 2021 | Brief amici curiae of Christian Legal Society filed.
Mar 11 2021 | Brief amici curiae of States of Arkansas, et al. filed.
Mar 11 2021 | Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Mar 16 2021 | DISTRIBUTED for Conference of 4/1/2021.
Mar 22 2021 | Response Requested. (Due April 21, 2021)
Mar 26 2021 | Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
Mar 29 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
Apr 07 2021 | Brief amicus curiae of American Center for Law and Justice filed.
May 21 2021 | Brief of respondent A. Pender Makin in opposition filed.
Jun 03 2021 | Reply of petitioners David Carson, et al. filed.
Jun 07 2021 | Supplemental brief of petitioners David Carson, et al. filed. (Distributed)
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 09 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 09 2021 | Blanket Consent filed by Petitioner, David Carson, et al.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondent's brief on the merits is extended to and including October 22, 2021.
Jul 14 2021 | Blanket Consent filed by Respondent, A. Pender Makin
Sep 03 2021 | Brief of petitioners David Carson, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 07 2021 | Brief amici curiae of World Faith Foundation, et al. filed.
Sep 08 2021 | Brief amicus curiae of American Center for Law and Justice filed.
Sep 08 2021 | Brief amicus curiae of Professor Michael W. McConnell filed.
Sep 09 2021 | Brief amici curiae of Liberty Justice Center, et al. filed.
Sep 09 2021 | Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
Sep 09 2021 | Brief amicus curiae of Foundation for Moral Law filed.
Sep 10 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 10 2021 | Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Sep 10 2021 | Brief amicus curiae of Professor Charles L. Glenn filed.
Sep 10 2021 | Brief amicus curiae of Members of the United States Senate filed.
Sep 10 2021 | Brief amicus curiae of The Buckeye Institute filed.
Sep 10 2021 | Brief amicus curiae of Professor Ashley R. Berner filed.
Sep 10 2021 | Brief amici curiae of Christian Legal Society, et al., filed.
Sep 10 2021 | Brief amicus curiae of Protect the First Foundation filed.
Sep 10 2021 | Brief amicus curiae of Freedom X filed.
Sep 10 2021 | Brief amicus curiae of Advancing American Freedom filed.
Sep 10 2021 | Brief amici curiae of Partnership for Inner-City Education, et al. filed.
Sep 10 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Sep 10 2021 | Brief amicus curiae of Pioneer Institute filed.
Sep 10 2021 | Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.
Sep 10 2021 | Brief amici curiae of Concerned Women for America, et al. filed.
Sep 10 2021 | Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.
Sep 10 2021 | Brief amici curiae of Innovative Schools filed.
Sep 10 2021 | Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
Sep 10 2021 | Brief amici curiae of EdChoice, et al. filed.
Sep 10 2021 | Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.
Sep 10 2021 | Brief amici curiae of Arkansas, et al.
Sep 10 2021 | Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.
Sep 10 2021 | Brief amicus curiae of Hillsdale College filed.
Sep 10 2021 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Sep 10 2021 | Brief amicus curiae of The Cato Institute filed.
Sep 10 2021 | Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.
Sep 10 2021 | Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
Sep 20 2021 | SET FOR ARGUMENT on Wednesday, December 8, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 1st Circuit.
Oct 04 2021 | The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.
Oct 08 2021 | The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.
Oct 22 2021 | Brief of respondent A. Pender Makin filed.
Oct 28 2021 | Brief amicus curiae of State of Vermont filed. (Distributed)
Oct 29 2021 | CIRCULATED
Oct 29 2021 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of National Education Association, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of United States filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of Public Funds Public Schools filed.
Oct 29 2021 | Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)
Oct 29 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 08 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 22 2021 | Reply of petitioners David Carson, et al. filed. (Distributed)DateProceedings and Orders (key to color coding)
Feb 04 2021 | Petition for a writ of certiorari filed. (Response due March 11, 2021)
Feb 26 2021 | Blanket Consent filed by Petitioner, David Carson, et al.
Mar 09 2021 | Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.
Mar 09 2021 | Waiver of right of respondent A. Pender Makin to respond filed.
Mar 11 2021 | Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Mar 11 2021 | Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.
Mar 11 2021 | Brief amici curiae of Innovative Schools filed.
Mar 11 2021 | Brief amici curiae of National Legal Foundation, et al. filed.
Mar 11 2021 | Brief amicus curiae of EdChoice filed.
Mar 11 2021 | Brief amici curiae of Liberty Justice Center,et al. filed.
Mar 11 2021 | Brief amici curiae of Christian Legal Society filed.
Mar 11 2021 | Brief amici curiae of States of Arkansas, et al. filed.
Mar 11 2021 | Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Mar 16 2021 | DISTRIBUTED for Conference of 4/1/2021.
Mar 22 2021 | Response Requested. (Due April 21, 2021)
Mar 26 2021 | Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
Mar 29 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
Apr 07 2021 | Brief amicus curiae of American Center for Law and Justice filed.
May 21 2021 | Brief of respondent A. Pender Makin in opposition filed.
Jun 03 2021 | Reply of petitioners David Carson, et al. filed.
Jun 07 2021 | Supplemental brief of petitioners David Carson, et al. filed. (Distributed)
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 09 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 09 2021 | Blanket Consent filed by Petitioner, David Carson, et al.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondent's brief on the merits is extended to and including October 22, 2021.
Jul 14 2021 | Blanket Consent filed by Respondent, A. Pender Makin
Sep 03 2021 | Brief of petitioners David Carson, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 07 2021 | Brief amici curiae of World Faith Foundation, et al. filed.
Sep 08 2021 | Brief amicus curiae of American Center for Law and Justice filed.
Sep 08 2021 | Brief amicus curiae of Professor Michael W. McConnell filed.
Sep 09 2021 | Brief amici curiae of Liberty Justice Center, et al. filed.
Sep 09 2021 | Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
Sep 09 2021 | Brief amicus curiae of Foundation for Moral Law filed.
Sep 10 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 10 2021 | Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Sep 10 2021 | Brief amicus curiae of Professor Charles L. Glenn filed.
Sep 10 2021 | Brief amicus curiae of Members of the United States Senate filed.
Sep 10 2021 | Brief amicus curiae of The Buckeye Institute filed.
Sep 10 2021 | Brief amicus curiae of Professor Ashley R. Berner filed.
Sep 10 2021 | Brief amici curiae of Christian Legal Society, et al., filed.
Sep 10 2021 | Brief amicus curiae of Protect the First Foundation filed.
Sep 10 2021 | Brief amicus curiae of Freedom X filed.
Sep 10 2021 | Brief amicus curiae of Advancing American Freedom filed.
Sep 10 2021 | Brief amici curiae of Partnership for Inner-City Education, et al. filed.
Sep 10 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Sep 10 2021 | Brief amicus curiae of Pioneer Institute filed.
Sep 10 2021 | Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.
Sep 10 2021 | Brief amici curiae of Concerned Women for America, et al. filed.
Sep 10 2021 | Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.
Sep 10 2021 | Brief amici curiae of Innovative Schools filed.
Sep 10 2021 | Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
Sep 10 2021 | Brief amici curiae of EdChoice, et al. filed.
Sep 10 2021 | Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.
Sep 10 2021 | Brief amici curiae of Arkansas, et al.
Sep 10 2021 | Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.
Sep 10 2021 | Brief amicus curiae of Hillsdale College filed.
Sep 10 2021 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Sep 10 2021 | Brief amicus curiae of The Cato Institute filed.
Sep 10 2021 | Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.
Sep 10 2021 | Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
Sep 20 2021 | SET FOR ARGUMENT on Wednesday, December 8, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 1st Circuit.
Oct 04 2021 | The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.
Oct 08 2021 | The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.
Oct 22 2021 | Brief of respondent A. Pender Makin filed.
Oct 28 2021 | Brief amicus curiae of State of Vermont filed. (Distributed)
Oct 29 2021 | CIRCULATED
Oct 29 2021 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of National Education Association, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of United States filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of Public Funds Public Schools filed.
Oct 29 2021 | Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)
Oct 29 2021 | Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)
Oct 29 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 08 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 22 2021 | Reply of petitioners David Carson, et al. filed. (Distributed)
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QUESTION PRESENTED:
Whether 18 U.S.C. § 924(c)(3)(A)’s definition of “crime of violence” excludes attempted Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a).
Date Proceedings and Orders (key to color coding)
Apr 14 2020 | Petition for a writ of certiorari filed. (Response due May 17, 2021)
Apr 30 2021 | Motion to extend the time to file a response from May 17, 2021 to May 21, 2021, submitted to The Clerk.
May 03 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
May 21 2021 | Brief of respondent Justin Eugene Taylor in opposition filed.
May 21 2021 | Motion for leave to proceed in forma pauperis filed by respondent Justin Eugene Taylor.
Jun 07 2021 | Reply of petitioner United States filed. (Distributed)
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jul 02 2021 | Petition GRANTED.
Jul 19 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States.
Jul 19 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 21 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 7, 20201. The time to file respondent's brief on the merits is extended to and including October 22, 2021.
Aug 23 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 07 2021 | Brief of petitioner United States filed.
Sep 20 2021 | SET FOR ARGUMENT on Tuesday, December 7, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 4th Circuit.
Oct 04 2021 | Record received from the U.S.D.C. Eastern District of Virginia is electronic and located on Pacer. Some transcripts and Sealed documents has been received (One Envelope)
Oct 22 2021 | Brief of respondent Justin Eugene Taylor filed.
Oct 27 2021 | Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Oct 29 2021 | CIRCULATED
Oct 29 2021 | Brief amicus curiae of Neal Goldfarb filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of John Pangelinan filed. (Distributed)
Oct 29 2021 | Brief amicus curiae of First Amendment Clinic filed. (Distributed)
Oct 29 2021 | Brief amici curiae of National Association of Criminal Defense Lawyers and FAMM filed. (Distributed)
Nov 22 2021 | Reply of petitioner United States filed. (Distributed)
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QUESTION PRESENTED:
Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services are sufficient to state a claim against plan fiduciaries for breach of the duty of prudence under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1104(a)(1)(B).
Date Proceedings and Orders (key to color coding)
Jun 19 2020 | Petition for a writ of certiorari filed. (Response due July 23, 2020)
Jul 13 2020 | Motion to extend the time to file a response from July 23, 2020 to August 24, 2020, submitted to The Clerk.
Jul 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
Aug 24 2020 | Brief of respondents Northwestern University, et al. in opposition filed.
Sep 09 2020 | DISTRIBUTED for Conference of 9/29/2020.
Sep 09 2020 | Reply of petitioners April Hughes, et al. filed. (Distributed)
Oct 05 2020 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 25 2021 | Brief amicus curiae of United States filed.
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021 | Supplemental brief of respondents Northwestern University, et al. filed. (Distributed)
Jun 10 2021 | Supplemental brief of petitioners April Hughes, et al. filed. (Distributed)
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED. Justice Barrett took no part in the consideration or decision of this petition.
Jul 22 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 21, 2021.
Aug 02 2021 | Blanket Consent filed by Petitioner, April Hughes, et al.
Sep 03 2021 | Brief of petitioners April Hughes, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 08 2021 | Blanket Consent filed by Respondent, Northwestern University, et al.
Sep 09 2021 | Brief amicus curiae of American Association for Justice filed.
Sep 10 2021 | Brief amici curiae of Investment Law Scholars filed.
Sep 10 2021 | Brief amicus curiae of United States filed.
Sep 10 2021 | Brief amicus curiae of Service Employees International Union filed.
Sep 10 2021 | Brief amicus curiae of Samuel Halpern filed.
Sep 10 2021 | Brief amici curiae of AARP, et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Monday, December 6, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 7th Circuit.
Sep 27 2021 | Record received from the U.S.C.A. 7th Circuit is electronic and located on Pacer. Also received 1 Sealed document which is electronically filed.
Oct 01 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 21 2021 | Brief of respondents Northwestern University, et al. filed.
Oct 27 2021 | Brief amicus curiae of Euclid Fiduciary filed. (Distributed)
Oct 28 2021 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. (Distributed)
Oct 28 2021 | Brief amicus curiae of Investment Company Institute filed. (Distributed)
Oct 28 2021 | Brief amici curiae of American Council on Education and 17 Other Higher Education Organizations filed. (Distributed)
Oct 28 2021 | Brief amicus curiae of Committee on Investment of Employee Benefit Assets filed. (Distributed)
Oct 28 2021 | Brief amicus curiae of Teachers Insurance and Annuity Association of America filed. (Distributed)
Oct 28 2021 | Brief amicus curiae of American Benefits Council filed. (Distributed)
Oct 29 2021 | CIRCULATED
Nov 08 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioners, 15 minutes for the Solicitor General, and 35 minutes for respondents. Justice Barrett took no part in the consideration or decision of this motion.
Nov 19 2021 | Reply of petitioners April Hughes, et al. filed. (Distributed)
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QUESTION PRESENTED:
Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief.
Date Proceedings and Orders (key to color coding)
Jan 15 2021 | Petition for a writ of certiorari filed. (Response due February 22, 2021)
Jan 15 2021 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filng system.
Feb 11 2021 | Motion to extend the time to file a response from February 22, 2021 to March 24, 2021, submitted to The Clerk.
Feb 12 2021 | Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2021.
Mar 17 2021 | Motion to extend the time to file a response from March 24, 2021 to April 23, 2021, submitted to The Clerk.
Mar 18 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 23, 2021.
Apr 15 2021 | Motion to extend the time to file a response from April 23, 2021 to May 17, 2021, submitted to The Clerk.
Apr 16 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2021.
May 17 2021 | Brief of respondent Merrick B. Garland, Attorney General filed.
May 28 2021 | Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 28 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Jun 28 2021 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Jun 29 2021 | Taylor A.R. Meehan, Esquire, of Chicago, Illinois, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jul 13 2021 | Motion to dispense with printing the joint appendix filed by petitioners Pankajkumar S. Patel, et al.
Jul 20 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the petitioners' brief on the merits is extended to and including August 31, 2021. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including October 19, 2021.
Aug 23 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 31 2021 | Brief of petitioners Pankajkumar S. Patel, et al. filed.
Aug 31 2021 | Brief of respondent Merrick B. Garland, Attorney General in support filed.
Sep 03 2021 | Brief amicus curiae of American Immigration Lawyers Association filed.
Sep 07 2021 | Brief amici curiae of Law Professors filed.
Sep 07 2021 | Brief amici curiae of Former Executive Office for Immigration Review Judges filed.
Sep 07 2021 | Brief amici curiae of National Immigration Litigation Alliance filed.
Sep 07 2021 | Brief amici curiae of The American Immigration Council, et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Monday, December 6, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 11th Circuit.
Sep 28 2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer, also the record has been received and has been electronically filed.
Oct 19 2021 | Brief of Court-appointed amicus curiae in support of the judgment below filed.
Oct 26 2021 | Motion for divided argument filed by respondent Merrick B. Garland, Attorney General.
Oct 29 2021 | CIRCULATED
Nov 08 2021 | Motion for divided argument filed by respondent GRANTED.
Nov 15 2021 | Record received from the 11th Circuit. The record is Sealed and filed electronically.
Nov 18 2021 | Reply of respondent Merrick B. Garland, Attorney General filed. (Distributed)
Nov 18 2021 | Reply of petitioners Pankajkumar S. Patel, et al. filed. (Distributed)
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QUESTION PRESENTED:
Whether all pre-viability prohibitions on elective abortions are unconstitutional.
Date Proceedings and Orders (key to color coding)
Mar 16 2020 | Application (19A1027) to extend the time to file a petition for a writ of certiorari from April 16, 2020 to June 15, 2020, submitted to Justice Alito.
Mar 19 2020 | Application (19A1027) granted by Justice Alito extending the time to file until June 15, 2020.
Jun 15 2020 | Petition for a writ of certiorari filed. (Response due July 20, 2020)
Jun 25 2020 | Motion to extend the time to file a response from July 20, 2020 to August 19, 2020, submitted to The Clerk.
Jun 26 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 19, 2020, for all respondents.
Jul 14 2020 | Brief amici curiae of Roman Catholic Diocese of Jackson and Roman Catholic Diocese of Biloxi filed.
Jul 14 2020 | Blanket Consent filed by Petitioner, Thomas Dobbs, et al.
Jul 17 2020 | Brief amicus curiae of American Center for Law & Justice filed.
Jul 20 2020 | Brief amici curiae of 375 Women Injured By Second and Third Trimester Late Term Abortions and Melinda Thybault, Individually and Acting on Behalf of 336,214 Signers of The Moral Outcry Petition filed.
Jul 20 2020 | Brief amici curiae of The States of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee and West Virginia filed.
Jul 20 2020 | Brief amicus curiae of Illinois Right to Life filed.
Jul 20 2020 | Brief amici curiae of American Association of Pro-Life Obstetricians & Gynecologists, et al. filed.
Jul 20 2020 | Brief amici curiae of Inner Life Fund and Institute for Faith and Family filed.
Jul 20 2020 | Amicus brief of Robin Pierucci, M.D., and Life Legal Defense Foundation submitted.
Aug 19 2020 | Brief of respondents Jackson Women's Health Organization, et al. in opposition filed.
Sep 02 2020 | DISTRIBUTED for Conference of 9/29/2020.
Sep 02 2020 | Reply of petitioners Thomas Dobbs, et al. filed. (Distributed)
Sep 22 2020 | Rescheduled.
Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020.
Oct 05 2020 | Rescheduled.
Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020.
Oct 14 2020 | Rescheduled.
Oct 22 2020 | Supplemental brief of petitioners Thomas Dobbs, et al. filed. (Distributed)
Oct 26 2020 | DISTRIBUTED for Conference of 10/30/2020.
Oct 26 2020 | Supplemental brief of respondents Jackson Women's Health Organization, et al. filed. (Distributed)
Oct 26 2020 | Supplemental brief of respondents Jackson Women's Health Organization, et al. filed (33.1 format).
Oct 29 2020 | Rescheduled.
Nov 02 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 04 2020 | Rescheduled.
Nov 09 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 10 2020 | Rescheduled.
Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020.
Nov 18 2020 | Rescheduled.
Nov 30 2020 | DISTRIBUTED for Conference of 12/4/2020.
Dec 01 2020 | Rescheduled.
Dec 07 2020 | DISTRIBUTED for Conference of 12/11/2020.
Dec 09 2020 | Rescheduled.
Jan 04 2021 | DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021.
Mar 15 2021 | DISTRIBUTED for Conference of 3/19/2021.
Mar 22 2021 | DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021 | DISTRIBUTED for Conference of 4/1/2021.
Apr 12 2021 | DISTRIBUTED for Conference of 4/16/2021.
Apr 19 2021 | DISTRIBUTED for Conference of 4/23/2021.
Apr 26 2021 | DISTRIBUTED for Conference of 4/30/2021.
May 10 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | Petition GRANTED limited to Question 1 presented by the petition.
May 26 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jun 01 2021 | Blanket Consent filed by Respondent, Jackson Women's Health Organization, et al.
Jun 04 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 22, 2021. The time to file respondents' brief on the merits is extended to and including September 13, 2021.
Jun 09 2021 | Blanket Consent filed by Petitioner, Thomas Dobbs, et al.
Jul 19 2021 | Brief amicus curiae of Cleveland Lawyers for Life filed.
Jul 20 2021 | Brief amicus curiae of David Boyle filed.
Jul 21 2021 | Brief amicus curiae of Jewish Prolife Foundation, The Coalition for Jewish Values, Rabbi Yacov David Cohen, Rabbi Chananya Weissman, and Bonnie Chernin (President, Jewish Life League) filed.
Jul 22 2021 | Brief of petitioners Thomas Dobbs, et al. filed.
Jul 22 2021 | Joint appendix filed. (Statement of costs filed)
Jul 22 2021 | Brief amicus curiae of Alabama Center for Law and Liberty filed.
Jul 22 2021 | Brief amici curiae of 375 Women Injured By Second And Third Trimester Late Term Abortions and Abortion Recovery Leaders filed.
Jul 23 2021 | Brief amici curiae of National Right to Life Committee and Louisiana Right to Life Federation filed.
Jul 26 2021 | Brief amicus curiae of Jewish Coalition For Religious Liberty filed.
Jul 26 2021 | Brief amici curiae of Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life filed.
Jul 26 2021 | Brief amici curiae of African American, Hispanic, Roman Catholic and Protestant Religious and Civil Rights Organizations and Leaders filed.
Jul 26 2021 | Brief amicus curiae of Senators Josh Hawley, Mike Lee, and Ted Cruz filed.
Jul 26 2021 | Brief amicus curiae of Trinity Legal Center filed.
Jul 26 2021 | Brief amicus curiae of Thomas More Society filed.
Jul 26 2021 | Brief amici curiae of Melinda Thybault, Founder of The Moral Outcry Petition, et al. filed.
Jul 27 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Jul 27 2021 | Brief amici curiae of U.S. Conference of Catholic Bishops and Other Religious Organizations filed.
Jul 27 2021 | Brief amicus curiae of LONANG Institute filed.
Jul 27 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Jul 27 2021 | Brief amici curiae of 22 State Policy Organizations filed.
Jul 27 2021 | Brief amici curiae of Connie Weiskopf and Kristine L. Brown filed.
Jul 27 2021 | Brief amicus curiae of Professor Kurt T. Lash filed.
Jul 27 2021 | Brief amici curiae of Robin Pierucci, M.D., and Life Legal Defense Foundation filed.
Jul 27 2021 | Brief amicus curiae of Priests for Life filed.
Jul 27 2021 | Brief amici curiae of Amicus Curiae Hannah S., John S. and Marlene S filed.
Jul 28 2021 | Brief amici curiae of The Center for Medical Progress and David Daleiden filed.
Jul 28 2021 | Brief amici curiae of European Legal Scholars in support of neither party filed.
Jul 28 2021 | Brief amici curiae of 396 State Legislators from 41 States filed.
Jul 28 2021 | Brief amici curiae of 141 International Legal Scholars filed.
Jul 28 2021 | Brief amicus curiae of Prolife Center at the University of St. Thomas filed.
Jul 28 2021 | Brief amicus curiae of Mary Kay Bacallao Advocating for Unborn Children as Persons in support of neither party filed.
Jul 28 2021 | Brief amicus curiae of Professor Randy Beck filed.
Jul 28 2021 | Brief amici curiae of Christian Legal Society and Robertson Center for Constitutional Law filed.
Jul 28 2021 | Brief amicus curiae of Center for Religious Expression filed.
Jul 28 2021 | Brief amicus curiae of Center for Family and Human Rights filed.
Jul 28 2021 | Brief amicus curiae of Concerned Women for America filed.
Jul 28 2021 | Brief amici curiae of Foundation for Moral Law, Lutherans for Life filed.
Jul 29 2021 | Brief amicus curiae of Americans United for Life filed.
Jul 29 2021 | Brief amicus curiae of Ethics and Public Policy Center filed.
Jul 29 2021 | Brief amicus curiae of Pennsylvania Pro-Life Federation filed.
Jul 29 2021 | Brief amicus curiae of Family Research Council filed.
Jul 29 2021 | Brief amicus curiae of Human Coalition Action and Students for Life of America filed.
Jul 29 2021 | Brief amicus curiae of Lee J. Strang filed.
Jul 29 2021 | Brief amici curiae of Biologists in support of neither party filed.
Jul 29 2021 | Brief amici curiae of Professors Mary Ann Glendon and O. Carter Snead filed.
Jul 29 2021 | Brief amici curiae of Monique Chireau Wubbenhorst, M.D., M.P.H., et al. filed.
Jul 29 2021 | Brief amicus curiae of Commissioner Andy Gipson, Former Representative and Chair of Mississippi House Judiciary B Committee filed.
Jul 29 2021 | Brief amici curiae of Care Net, a National Affiliation Organization of 1,200 Pregnancy Help Centers, and Alpha Center, a South Dakota Registered Pregnancy Help Center filed.
Jul 29 2021 | Brief amicus curiae of Reason for Life filed.
Jul 29 2021 | Brief amici curiae of Illinois Right to Life, et al. filed.
Jul 29 2021 | Brief amicus curiae of Jonathan English filed.
Jul 29 2021 | Brief amicus curiae of Intercessors for America including its Intercessor Prayer Partners filed.
Jul 29 2021 | Brief amici curiae of 228 Members of Congress filed.
Jul 29 2021 | Brief amici curiae of Governor Henry McMaster and Eleven Additional Governors filed.
Jul 29 2021 | Brief amicus curiae of The European Centre for Law and Justice filed.
Jul 29 2021 | Brief amici curiae of National Catholic Bioethics Center, et al. filed.
Jul 29 2021 | Brief amicus curiae of Professor Stephen G. Gilles filed.
Jul 29 2021 | Brief amici curiae of Scholars of Jurisprudence John M. Finnis and Robert P. George filed.
Jul 29 2021 | Brief amici curiae of States of Texas, et al. filed.
Jul 29 2021 | Brief amicus curiae of The American Cornerstone Institute and its founder Dr. Benjamin S. Carson filed.
Jul 29 2021 | Brief amici curiae of Advancing American Freedom, Inc., et al. filed.
Jul 29 2021 | Brief amici curiae of Democrats for Life of America Five Democratic Legislators from Five Individual State Legislatures filed.
Jul 29 2021 | Brief amicus curiae of American Association of Pro-Life Obstetricians and Gynecologists filed.
Jul 29 2021 | Brief amici curiae of Women Legislators, The Susan B. Anthony List filed.
Jul 29 2021 | Brief amicus curiae of Christian Medical & Dental Associations filed.
Jul 29 2021 | Brief amici curiae of Conservative Legal Defense and Education Fund filed.
Jul 29 2021 | Brief amicus curiae of Judicial Watch, Inc. filed.
Jul 29 2021 | Brief amici curiae of Maureen L. Condic, Ph.D. and the Charlotte Lozier Institute filed.
Jul 29 2021 | Brief amici curiae of American College of Pediatricians and Association of American Physicians & Surgeons filed.
Jul 29 2021 | Brief amicus curiae of CatholicVote.org Education Fund filed.
Jul 29 2021 | Brief amicus curiae of Heartbeat International, Inc. filed.
Jul 29 2021 | Brief amici curiae of Rep. Steve Carra and 320 State Legislators from 35 States filed.
Jul 29 2021 | Brief amici curiae of Foundation to Abolish Abortion, et al. filed.
Jul 29 2021 | Brief amici curiae of World Faith Foundation and Institute for Faith and Family filed.
Jul 29 2021 | Brief amicus curiae of March for Life Education and Defense Fund filed.
Jul 29 2021 | Brief amicus curiae of Elliot Institute filed.
Jul 29 2021 | Brief amicus curiae of Texas Right to Life filed.
Jul 29 2021 | Brief amicus curiae of American Center for Law and Justice and Bioethics Defense Fund filed.
Jul 29 2021 | Amicus brief of Billy Graham Evangelistic Association, et al. not accepted for filing. (August 03, 2021 - Correct service required; to be printed).
Jul 29 2021 | Brief amici curiae of Billy Graham Evangelistic Association, et al. filed.
Jul 29 2021 | Amicus brief of Pacific Justice Institute not accepted for filing. (August 03, 2021 - Correct service required; to be printed)
Jul 29 2021 | Brief amicus curiae of Pacific Justice Institute filed.
Jul 29 2021 | Amicus brief of Joseph W. Dellapenna not accepted for filing. (August 03, 2021 - Correct service required; to be printed)
Jul 29 2021 | Brief amicus curiae of Joseph W. Dellapenna filed.
Jul 29 2021 | Brief amici curiae of 240 Women Scholars and Professionals, and Prolife Feminist Organizations filed.
Jul 29 2021 | Brief amicus curiae of Good Counsel, Inc. filed.
Aug 03 2021 | Amicus brief of 240 Women Scholars and Professionals, and Prolife Feminist Organizations submitted.
Sep 13 2021 | Brief of respondents Jackson Women's Health Organization, et al. filed.
Sep 16 2021 | Brief amicus curiae of Anthony Hawks filed.
Sep 17 2021 | Brief amici curiae of Experts, Researchers, and Advocates Opposing the Criminalization of People Who Have Abortions filed.
Sep 17 2021 | Brief amici curiae of Advocates for Youth, Inc. and Neo Philanthropy, Inc. d/b/a We Testify filed.
Sep 17 2021 | Brief amici curiae of The Freedom From Religion Foundation, Center for Inquiry, and American Atheists filed.
Sep 17 2021 | Brief amici curiae of Cecilia Fire Thunder; et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Wednesday, December 1, 2021.
Sep 20 2021 | Amicus brief of Lawyers' Committee for Civil Rights Under Law, et al. not accepted for filing. (September 21, 2021) (corrected efiling to be submitted)
Sep 20 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Sep 20 2021 | Amicus brief of National Advocates for Pregnant Women, et al. not accepted for filing. (September 21, 2021 - corrected brief to be printed and submitted)
Sep 20 2021 | Brief amici curiae of National Advocates for Pregnant Women, et al. filed.
Sep 20 2021 | Brief amici curiae of Americans United for Separation of Church and State, American Humanist Association, Bend the Arc: A Jewish Partnership for Justice, and Interfaith Alliance Foundation filed.
Sep 20 2021 | Brief amici curiae of American College of Obstetricians and Gynecologists, American Medical Association, et al. filed.
Sep 20 2021 | Brief amici curiae of Scholars of Court Procedure filed.
Sep 20 2021 | Brief amicus curiae of Yale Law School Information Society Project filed.
Sep 20 2021 | Brief amici curiae of National Asian Pacific American Women’s Forum, Asian Americans Advancing Justice | AAJC, and Organizations Representing the Interests of Asian American and Pacific Islander Women filed.
Sep 20 2021 | Brief amici curiae of Reproductive Justice Scholars filed.
Sep 20 2021 | Brief amici curiae of Local Governments filed.
Sep 20 2021 | Brief amici curiae of Catholics for Choice, et al. filed.
Sep 20 2021 | Brief amici curiae of Campaña Nacional por el Aborto Libre, Seguro y Accesible and other Puerto Rican Organizations filed.
Sep 20 2021 | Brief amici curiae of The Autistic Self Advocacy Network and The Disability Rights Education and Defense Fund filed.
Sep 20 2021 | Brief amici curiae of Birth Equity Organizations and Scholars filed.
Sep 20 2021 | Brief amici curiae of The American Civil Liberties Union and The American Civil Liberties Union of Mississippi filed.
Sep 20 2021 | Brief amici curiae of Organizations of Women Lawyers-Women Lawyers on Guard Inc., Women’s Bar Association of the District of Columbia and National Association of Women Lawyers et al. filed.
Sep 20 2021 | Brief amici curiae of Social Science Experts filed.
Sep 20 2021 | Brief amici curiae of Economists filed.
Sep 20 2021 | Brief amicus curiae of United States filed.
Sep 20 2021 | Brief amici curiae of Constitutional Law Scholars Lee C. Bollinger, et al. filed.
Sep 20 2021 | Brief amici curiae of Abortion Care Network, Bixby Center for Global Reproductive Health, Medical Students for Choice, National Abortion Federation, Physicians for Reproductive Health and Planned Parenthood Federation of America Inc. filed.
Sep 20 2021 | Brief amici curiae of American Historical Association and Organization of American Historians filed.
Sep 20 2021 | Brief amici curiae of LGBTQ Organizations filed. (9/24/21 - Corrected brief to be reprinted and submitted).
Sep 20 2021 | Brief amici curiae of LGBTQ Organizations filed.
Sep 20 2021 | Brief amici curiae of International and Comparative Legal Scholars filed.
Sep 20 2021 | Brief amici curiae of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, and Reva Siegel filed.
Sep 20 2021 | Brief amici curiae of Organizations Dedicated to the Fight for Reproductive Justice Mississippi in Action, et al. filed.
Sep 20 2021 | Brief amici curiae of European Law Professors filed.
Sep 20 2021 | Brief amicus curiae of Howard University School of Law Human and Civil Rights Clinic filed.
Sep 20 2021 | Brief amici curiae of States of California, et al. filed.
Sep 20 2021 | Brief amicus curiae of International Federation of Gynecology and Obstetrics filed.
Sep 20 2021 | Brief amici curiae of YWCA USA, Girls Inc., Supermajority Education Fund, and United State of Women filed.
Sep 20 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Sep 20 2021 | Brief amici curiae of United Nations Mandate Holders filed.
Sep 20 2021 | Brief amici curiae of Human Rights Watch, Global Justice Center, and Amnesty International filed.
Sep 20 2021 | Brief amicus curiae of California Women's Law Center filed.
Sep 20 2021 | Brief amicus curiae of Scott Pyles filed.
Sep 20 2021 | Brief amicus curiae of American Bar Association filed.
Sep 20 2021 | Brief amici curiae of Current and Former Prosecutors and Law Enforcement Leaders, et al. filed.
Sep 20 2021 | Brief amici curiae of Over 500 Women Athletes, The Women’s National Basketball Players Association, et al. filed.
Sep 20 2021 | Brief amici curiae of Legal Voice, Asian Pacific Institute On Gender-based Violence, et at. filed.
Sep 20 2021 | Brief amici curiae of National Women's Law Center, et al. filed.
Sep 20 2021 | Brief amici curiae of Feminist Majority Foundation, Abortion Access Front, C.A. Goldberg, PLLC, The National Organization For Women Foundation, The Southern Poverty Law Center, We Engage, Professor David S. Cohen, and Krysten Connon filed.
Sep 20 2021 | Brief amici curiae of 236 Members of Congress filed.
Sep 20 2021 | Brief amici curiae of Society for Maternal-Fetal Medicine, et al. filed.
Sep 20 2021 | Brief amici curiae of 547 Deans, Chairs, Scholars, et al. filed.
Sep 20 2021 | Brief amici curiae of 896 State Legislators filed.
Sep 20 2021 | Brief amici curiae of American Society for Legal History and Other Scholars filed.
Sep 20 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 20 2021 | Brief amici curiae of Abortion Funds and Practical Support Organizations filed.
Sep 27 2021 | Record requested from the U.S.C.A. 5th Circuit.
Oct 04 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 13 2021 | Reply of petitioners Thomas Dobbs, et al. filed.
Oct 18 2021 | The time for oral argument is allotted as follows: 35 minutes for petitioners, 20 minutes for respondents, and 15 minutes for the Acting Solicitor General.
Oct 19 2021 | Motion for leave to participate in oral argument as amicus curiae and for enlargement of time for oral argument out of time filed by Hannah S.
Oct 29 2021 | CIRCULATED
Nov 01 2021 | Motion for leave to participate in oral argument as amicus curiae and for enlargement of time for oral argument out of time DENIED.
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QUESTION PRESENTED:
Whether the compensatory damages available under Title VI of the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, include compensation for emotional distress.
Date Proceedings and Orders (key to color coding)
Aug 21 2020 | Petition for a writ of certiorari filed. (Response due September 24, 2020)
Sep 24 2020 | Brief of respondent Premier Rehab Keller, P.L.L.C. in opposition filed.
Oct 14 2020 | DISTRIBUTED for Conference of 10/30/2020.
Oct 14 2020 | Reply of petitioner Jane Cummings filed. (Distributed)
Nov 02 2020 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
May 25 2021 | Brief amicus curiae of United States filed.
Jun 07 2021 | Supplemental brief of respondent Premier Rehab Keller, P.L.L.C. filed. (Distributed)
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 08 2021 | Motion for an extension of time filed.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2021. The time to file respondent's brief on the merits is extended to and including September 29, 2021.
Aug 11 2021 | Motion to dispense with printing the joint appendix filed by petitioner Jane Cummings.
Aug 17 2021 | Blanket Consent filed by Respondent, Premier Rehab Keller, P.L.L.C.
Aug 23 2021 | Brief of petitioner Jane Cummings filed.
Aug 26 2021 | Blanket Consent filed by Petitioner, Jane Cummings
Aug 26 2021 | Brief amicus curiae of American Association for Justice filed.
Aug 30 2021 | Brief amici curiae of Disability Organizations filed.
Aug 30 2021 | Brief amici curiae of NAACP Legal Defense & Educational Fund Inc., et al. filed.
Aug 30 2021 | Brief amici curiae of Law Professors filed.
Aug 30 2021 | Brief amicus curiae of United States filed.
Sep 10 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 5th Circuit.
Sep 29 2021 | Brief of respondent Premier Rehab Keller, P.L.L.C. filed.
Oct 01 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 05 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Oct 05 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Oct 06 2021 | Brief amici curiae of The States of Texas, et al. filed.
Oct 06 2021 | Brief amici curiae of The National Conference of State Legislatures, et al. filed.
Oct 06 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Oct 08 2021 | The record received from the U.S.D.C. Northern District of Texas is electronic and has been filed electronically.
Oct 18 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solictor General, and 35 minutes for respondent.
Oct 19 2021 | Application (21A98) to extend the time to file a reply brief on the merits from October 29, 2021 to November 2, 2021, submitted to Justice Alito.
Oct 25 2021 | Application (21A98) granted by Justice Alito extending the time to file until November 2, 2021.
Oct 29 2021 | CIRCULATED
Nov 02 2021 | Reply of petitioner Jane Cummings filed. (Distributed)
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QUESTION PRESENTED:
(1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and
(2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).
Date Proceedings and Orders (key to color coding)
Feb 10 2021 | Petition for a writ of certiorari filed. (Response due March 15, 2021)
Feb 23 2021 | Brief amici curiae of 36 State and Regional Hospital Associations filed.
Mar 03 2021 | Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
Mar 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
Mar 12 2021 | Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.
Mar 31 2021 | Brief amicus curiae of Federation of American Hospitals filed.
Apr 08 2021 | Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.
Apr 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
Apr 13 2021 | Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.
May 13 2021 | Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.
May 28 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12).
Jul 09 2021 | Blanket Consent filed by Petitioner, American Hospital Association, et al.
Jul 26 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021.
Sep 03 2021 | Brief of petitioners American Hospital Association, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 08 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Sep 09 2021 | Brief amici curiae of 37 State and Regional Hospital Associations filed.
Sep 10 2021 | Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed.
Sep 10 2021 | Brief amici curiae of National Association of Home Builders, et al. filed.
Sep 10 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Sep 10 2021 | Brief amici curiae of Yale New Haven Health System, et al. filed.
Sep 10 2021 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Sep 10 2021 | Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 10 2021 | Brief amici curiae of States of Indiana, et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. D.C. Circuit.
Oct 01 2021 | The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed.
Oct 20 2021 | Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed.
Oct 27 2021 | Brief amicus curiae of Rural Hospital Coalition filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Federation of American Hospitals filed. (Distributed)
Oct 29 2021 | CIRCULATED
Nov 19 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Nov 30 2021 | Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.
Date Proceedings and Orders
Mar 19 2021 | Petition for a writ of certiorari filed. (Response due April 19, 2021)
Mar 30 2021 | Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Mar 31 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
May 19 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed.
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 19 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 21 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021.
Sep 01 2021 | Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed.
Sep 01 2021 | Joint appendix filed.
Sep 08 2021 | Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
Sep 20 2021 | SET FOR ARGUMENT on Monday, November 29, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 9th Circuit.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 18 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed.
Oct 25 2021 | Brief amicus curiae of The Federation of American Hospitals filed.
Oct 25 2021 | Brief amici curiae of Certain Hospitals and Hospital Systems filed.
Oct 29 2021 | CIRCULATED
Nov 17 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Nov 23 2021 | Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed)
Nov 29 2021 | Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C.
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QUESTION PRESENTED:
Whether the Austin city code’s distinction between on-premise signs, which may be digitized, and off-premise signs, which may not, is a facially unconstitutional content-based regulation under Reed v. Town of Gilbert.
DateProceedings and Orders
Jan 20 2021 | Petition for a writ of certiorari filed. (Response due March 1, 2021)
Feb 08 2021 | Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Feb 25 2021 | Waiver of right of respondent Reagan National Advertising of Austin, Inc. to respond filed.
Mar 01 2021 | Brief amici curiae of Chambers of Commerce, et al. filed. (Distributed)
Mar 03 2021 | DISTRIBUTED for Conference of 3/19/2021.
Mar 12 2021 | Response Requested. (Due April 12, 2021)
Mar 17 2021 | Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
Mar 23 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
May 12 2021 | Brief of respondents Reagan National Advertising of Austin, Incorporated, et al. in opposition filed.
May 26 2021 | Reply of City of Austin not accepted for filing. (May 28, 2021) (Corrected version submitted)
May 26 2021 | Reply of petitioner City of Austin filed.
Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 28 2021 | Petition GRANTED.
Aug 03 2021 | Blanket Consent filed by Respondent, Reagan National Advertising of Austin, Inc.
Aug 03 2021 | Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Aug 04 2021 | Letter requesting case caption correction filed by petitioner.
Aug 09 2021 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted and the time is extended to and including August 13, 2021.
Aug 13 2021 | Brief of petitioner City of Austin filed.
Aug 13 2021 | Joint appendix filed. (Statement of costs filed)
Aug 16 2021 | ARGUMENT SET FOR Wednesday, November 10, 2021.
Aug 17 2021 | Motion for an extension of time to file respondents' brief on the merits filed.
Aug 19 2021 | Brief amicus curiae of The American Planning Association in Support of Neither Party filed.
Aug 20 2021 | Amicus brief of Chambers of Commerce, Business Leagues, Environmental Organizations, and On-Premise Sign Associations not accepted for filing. (August 20, 2021)
Aug 20 2021 | Brief amicus curiae of United States filed.
Aug 20 2021 | Brief amici curiae of Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier filed.
Aug 20 2021 | Brief amici curiae of The National League of Cities; The U.S. Conference of Mayors; The International City/County Management Association; The International Municipal Lawyers Association filed.
Aug 20 2021 | Brief amicus curiae of International Sign Association filed.
Aug 20 2021 | Brief amici curiae of Land Developers, Chambers of Commerce, and Scenic Organizations filed.
Aug 20 2021 | Brief amicus curiae of Outfront Media Inc. filed.
Aug 20 2021 | Brief amici curiae of State of Florida, et al., filed.
Aug 20 2021 | Amicus brief of State of Florida, et al., not accepted for filing. (October 08, 2021--Duplicate submission)
Aug 26 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Aug 31 2021 | Motion to extend the time to file respondents brief on the merits granted and the time is extended to and including September 22, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 5th Circuit.
Sep 01 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Sep 21 2021 | CIRCULATED
Sep 22 2021 | Letter pursuant to Rule 35.3 received.
Sep 22 2021 | Brief of respondents Reagan National Advertising of Austin, LLC, et al. filed. (Distributed)
Sep 27 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Sep 29 2021 | Brief amici curiae of Alliance Defending Freedom, et al. filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Institute for Justice filed. (Distributed)
Sep 29 2021 | Brief amici curiae of Out of Home Advertising Association of America, Inc., et al. filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Institute for Free Speech filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Cato Institute filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Summus 2, LLC dba Summus Outdoor filed. (Distributed)
Sep 29 2021 | Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Oct 04 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 18 2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondents.
Oct 22 2021 | Reply of petitioner City of Austin filed. (Distributed)
Nov 10 2021 | Argued. For petitioner: Michael R. Dreeben, Washington, D. C.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D. C.
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QUESTION PRESENTED:
1) Whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and
(2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.
DateProceedings and Orders (key to color coding)
Sep 07 2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2021)
Sep 07 2021 | Application (21A33) for a stay of execution of sentence of death, submitted to Justice Alito.
Sep 07 2021 | Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Sep 08 2021 | Brief of respondent Collier, Bryan, et al. in opposition filed.
Sep 08 2021 | Reply of applicant John H. Ramirez filed.
Sep 08 2021 | Application (21A33) referred to the Court.
Sep 08 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Sep 08 2021 | The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in October or November 2021.
Sep 09 2021 | This case is set for argument on Monday, November 1, 2021. Petitioner's brief on the merits, and any amicus curiae briefs in support of petitioner or in support of neither party, are to be filed on or before Monday, September 27, 2021. Respondents' brief on the merits, and any amicus curiae briefs in support of respondents, are to be filed on or before Friday, October 15, 2021. Petitioner's reply brief is due on or before 2 p.m., Monday, October 25, 2021.
Sep 09 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Sep 10 2021 | The parties are directed to submit briefs that address whether petitioner adequately exhausted his audible prayer claim under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The parties are also directed to address whether petitioner has satisfied his burden under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to demonstrate that a sincerely held religious belief has been substantially burdened by restrictions on either audible prayer or physical contact. The parties are further directed to address whether the government has satisfied its burden under RLUIPA to demonstrate its policy is the least restrictive means of advancing a compelling government interest. Finally, the parties are directed to address the type of equitable relief petitioner is seeking, the appropriate standard for this relief, and whether that standard has been met here. See Hill v. McDonough, 547 U. S. 573, 584 (2006) (setting forth a four- factor test for equitable relief). The parties may address other relevant issues, avoiding repetition of discussion in prior briefing.
Sep 13 2021 | Blanket Consent filed by Petitioner, John Ramirez
Sep 13 2021 | Blanket Consent filed by Respondent, Bryan Collier
Sep 21 2021 | CIRCULATED
Sep 22 2021 | Motion for leave to file Volume II of the joint appendix under seal filed by respondent Bryan Collier.
Sep 22 2021 | Lodging proposal letter of respondents filed.
Sep 22 2021 | Letter in opposition to respondents' lodging proposal filed by petitioner.
Sep 23 2021 | Reply letter regarding lodging proposal filed by respondents.
Sep 23 2021 | Sur-reply letter regarding respondents lodging proposal filed by petitioner.
Sep 27 2021 | Joint appendix (Volume I) filed. (Distributed)
Sep 27 2021 | Brief of petitioner John Ramirez filed. (Distributed)
Sep 27 2021 | Brief amicus curiae of United States in support of neither party filed. (Distributed)
Sep 27 2021 | Brief amicus curiae of First Liberty Institute filed. (Distributed)
Sep 27 2021 | Brief amici curiae of The Freedom From Religion Foundation, et al. in support of neither party filed. (Distributed)
Sep 27 2021 | Brief amicus curiae of Protect the First Foundation filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Alliance Defending Freedom filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Former Prison Officials filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Spiritual Advisors and Former Corrections Officials filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Christian Legal Society, et al. filed. (Distributed)
Sep 27 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Religious-Liberty Scholars Douglas Laycock, et al. filed. (Distributed)
Sep 27 2021 | Brief amici curiae of United States Conference of Catholic Bishops and Texas Catholic Conference of Bishops filed. (Distributed)
Sep 27 2021 | Brief amici curiae of Scholars of the PLRA and Prison Grievance Systems filed. (Distributed)
Sep 29 2021 | Record requested from the U.S.C.A. 5th Circuit.
Sep 29 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 01 2021 | Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 12 2021 | Motion for leave to file Volume II of the joint appendix under seal GRANTED.
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 12 2021 | Motion of The Becket Fund for Religious Liberty for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
Oct 13 2021 | Respondents' September 22, 2021 lodging proposal approved, and submission of the non-record materials is requested by the Clerk.
Oct 15 2021 | Brief of respondent Bryan Collier filed. (Distributed)
Oct 15 2021 | Brief amici curiae of Arizona, et al., filed. (Distributed)
Oct 15 2021 | Brief amici curiae of Maria Chavon Aguilar, Fernando Castro, Pablo Castro Jr., & Roberto Salcedo Jr. filed. (Distributed)
Oct 15 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Oct 19 2021 | Respondents' lodging material received (including redacted declaration for public record and the unredacted sealed declaration).
Oct 22 2021 | ARGUMENT RESCHEDULED for Tuesday, November 9, 2021.
Oct 25 2021 | Reply of petitioner John Ramirez filed. (Distributed)
Nov 09 2021 | Argued. For petitioner: Seth Kretzer, Houston, Tex. For United States, as amicus curiae: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
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QUESTION PRESENTED:
Whether Congress violated the equal-protection component of the due process clause of the Fifth Amendment by establishing Supplemental Security Income — a program that provides benefits to needy aged, blind and disabled individuals — in the 50 states and the District of Columbia, and in the Northern Mariana Islands pursuant to a negotiated covenant, but not extending it to Puerto Rico.
DateProceedings and Orders
Sep 04 2020 | Petition for a writ of certiorari filed. (Response due October 9, 2020)
Sep 11 2020 | Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
Sep 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
Oct 29 2020 | Brief amicus curiae of Carlos Delgado Altieri, Mayor of the Municipality of Isabela, Puerto Rico filed.
Nov 06 2020 | Brief amicus curiae of Gregorio Igartua (11/17/2020) filed.
Nov 09 2020 | Brief amici curiae of Plaintiffs in Peña Martínez v. U.S. Department of Health and Human Services filed.
Nov 09 2020 | Response to petition from respondent Jose Luis Vaello-Madero filed.
Nov 09 2020 | Brief amicus curiae of Virgin Islands Bar Association filed.
Nov 09 2020 | Brief amicus curiae of Commonwealth of Puerto Rico filed.
Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020.
Nov 24 2020 | Reply of petitioner United States of America filed. (Distributed)
Jan 04 2021 | DISTRIBUTED for Conference of 1/8/2021.
Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021 | Petition GRANTED.
Mar 17 2021 | Joint motion for an extension of time to file the briefs on the merits filed.
Mar 22 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 1, 2021. The time to file respondent's brief on the merits is extended to and including August 16, 2021.
May 27 2021 | Motion for a further extension of time to file the briefs on the merits filed.
May 28 2021 | Letter of supplement to request for further extension of time filed.
May 28 2021 | Motion for a further extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 7, 2021. The time to file respondent's brief on the merits is further extended to and including August 30, 2021.
Jun 07 2021 | Brief of petitioner United States of America filed.
Jun 07 2021 | Joint appendix filed. (Statement of cost filed.)
Jun 07 2021 | Brief amicus curiae of Interamerican Institute for Constitutional Rights in support of neither party filed.
Jun 14 2021 | Informative of Gregorio Igartua not accepted for filing. (July 23, 2021 - not type of document to be submitted electronically).
Aug 21 2021 | Brief amici curiae of Plaintiff in Ruiz-Aviles v. SSA, et al. filed.
Aug 30 2021 | Brief of respondent Jose Luis Vaello-Madero filed.
Aug 31 2021 | Blanket Consent filed by Petitioner, United States of America
Sep 02 2021 | Blanket Consent filed by Respondent, Jose Luis Vaello-Madero
Sep 02 2021 | Brief amicus curiae of Commonwealth of Puerto Rico filed.
Sep 03 2021 | Brief amici curiae of AARP, AARP Foundation, Justice in Aging, National Organization of Social Security Claimants’ Representatives filed.
Sep 03 2021 | Brief amici curiae of The Service Employees International Union (SEIU), et al., filed.
Sep 07 2021 | Brief amici curiae of Plaintiffs in Peña Martínez v. U.S. Department of Health and Human Services filed.
Sep 07 2021 | Brief amici curiae of Puerto Rico Governor Pedro Pierluisi and the New Progressive Party filed.
Sep 07 2021 | Brief amici curiae of The District of Columbia, Guam, and 16 other states and territories. filed.
Sep 07 2021 | Brief amicus curiae of University of Puerto Rico Amicus Justitiae Probono Project filed.
Sep 07 2021 | Brief amici curiae of American Civil Liberties Union Foundation, et al. filed.
Sep 07 2021 | Brief amici curiae of National Disability Rights Network, et al. filed.
Sep 07 2021 | Brief amicus curiae of Hon. Jenniffer A. Gonzalez Colon, Resident Commissioner for Puerto Rico filed.
Sep 07 2021 | Brief amicus curiae of U.S. Citizens for Equal Protection, Inc. filed.
Sep 07 2021 | Brief amicus curiae of Government of the U.S. Virgin Islands filed.
Sep 07 2021 | Brief amicus curiae of Medicaid and Medicare Advantage Products Association of Puerto Rico filed.
Sep 07 2021 | Brief amicus curiae of Senate of Puerto Rico filed.
Sep 07 2021 | Brief amicus curiae of League of United Latin American Citizens filed.
Sep 07 2021 | Brief amicus curiae of Diálogo Por Puerto Rico filed.
Sep 07 2021 | Brief amici curiae of LatinoJustice PRLDEF, et al. filed.
Sep 07 2021 | Brief amici curiae of Public Benefits Scholars filed.
Sep 07 2021 | Brief amicus curiae of Virgin Islands Bar Association filed.
Sep 07 2021 | Brief amici curiae of Puerto Rico House of Representatives filed.
Sep 07 2021 | Brief amicus curiae of American Bar Association filed.
Sep 07 2021 | Brief amicus curiae of Members of the Congressional Shadow Delegation of Puerto Rico filed. (Distributed)
Sep 08 2021 | ARGUMENT SET FOR Tuesday, November 9, 2021.
Sep 21 2021 | CIRCULATED
Sep 29 2021 | Reply of petitioner United States of America filed. (Distributed)
Oct 22 2021 | Motion for leave to file amicus brief out of time filed by Gregorio Igartua.
Nov 08 2021 | Motion for leave to file amicus brief out of time filed by Gregorio Igartua DENIED.
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QUESTION PRESENTED:
Whether the U.S. Court of Appeals for the 9th Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration.
DateProceedings and Orders
Jan 04 2021 | Petition for a writ of certiorari filed. (Response due February 8, 2021)
Jan 19 2021 | Waiver of right of respondent H&M Hennes & Mauritz, L.P., et al. to respond filed.
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 09 2021 | Response Requested. (Due March 11, 2021)
Mar 04 2021 | Motion to extend the time to file a response from March 11, 2021 to April 1, 2021, submitted to The Clerk.
Mar 05 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2021.
Mar 11 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Apr 01 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. in opposition filed.
Apr 12 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 21, 2021 to May 4, 2021, submitted to The Clerk.
Apr 13 2021 | Motion to delay distribution of the petition for a writ certiorari until May 4, 2021 granted.
May 03 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
May 04 2021 | DISTRIBUTED for Conference of 5/20/2021.
May 24 2021 | DISTRIBUTED for Conference of 5/27/2021.
Jun 01 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Jun 25 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 3, 2021. The time to file respondent's brief on the merits is extended to and including September 21, 2021.
Jul 13 2021 | Blanket Consent filed by Petitioner, Unicolors, Inc.
Jul 19 2021 | Blanket Consent filed by Respondent, H&M Hennes & Mauritz, L.P., et al.
Aug 03 2021 | Brief of petitioner Unicolors, Inc. filed.
Aug 03 2021 | Joint appendix filed.
Aug 10 2021 | Brief amicus curiae of Copyright Alliance filed.
Aug 10 2021 | Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Aug 10 2021 | Brief amici curiae of American Society of Media Photographers and California Society of Entertainment Lawyers filed.
Aug 10 2021 | Brief amicus curiae of American Intellectual Property Law Association filed.
Aug 10 2021 | Brief amici curiae of Intellectual Property Law Professors filed.
Aug 10 2021 | Brief amicus curiae of the United States filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 8, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief of respondents H&M Hennes & Mauritz, L.P., et al. filed. (Distributed)
Sep 22 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 27 2021 | Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Professors of Copyright Law filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Andrew D. Lockton and McHale & Slavin, P.A. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of California Fashion Association filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Victoria Burke filed. (Distributed)
Sep 28 2021 | Amicus brief of National Retail Federation not accepted for filing. (Corrected version submitted) (October 04, 2021)
Sep 28 2021 | Brief amicus curiae of National Retail Federation filed. (Distributed)
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 14 2021 | Reply of petitioner Unicolors, Inc. filed. (Distributed)
Oct 18 2021 | The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondent.
Nov 08 2021 | Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y.; and Melissa N. Patterson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Peter K. Stris, Los Angeles, Cal.
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QUESTION PRESENTED:
Whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 displaces the state-secrets privilege and authorizes a district court to resolve, in camera and ex parte, the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence.
DateProceedings and Orders
Dec 17 2020 | Petition for a writ of certiorari filed. (Response due January 19, 2021)
Dec 28 2020 | Motion to extend the time to file a response from January 19, 2021 to March 22, 2021, submitted to The Clerk.
Dec 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2021.
Jan 05 2021 | Waiver of right of respondents James Elmer Mitchell and John Jessen not accepted for filing (waiver filed in wrong case and removed from the docket 3/5/21).
Jan 18 2021 | Brief of respondents Pat Rose, Paul Allen and Kevin Armstrong in support filed.
Jan 19 2021 | Brief of respondents J. Stephen Tidwell and Barbara Walls in support filed.
Mar 04 2021 | Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
Mar 05 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
Apr 21 2021 | Brief of respondents Yassir Fazaga, et al. in opposition filed.
May 11 2021 | DISTRIBUTED for Conference of 5/27/2021.
May 11 2021 | Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/3/2021.
Jun 07 2021 | Petition GRANTED.
Jul 01 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners brief on the merits is extended to and including July 30, 2021. The time to file respondents' briefs on the merits is extended to and including September 21, 2021.
Jul 30 2021 | Brief of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed.
Jul 30 2021 | Brief of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed.
Jul 30 2021 | Brief of petitioners Federal Bureau of Investigation, et al. filed.
Jul 30 2021 | Joint appendix filed.
Aug 06 2021 | Brief amicus curiae of Professor Laura K. Donohue in support of neither party filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 8, 2021.
Aug 25 2021 | Application (21A27) to file a response brief on the merits in excess of the word limit, submitted to Justice Kagan.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 02 2021 | Application (21A27) granted by Justice Kagan to file a response brief on the merits in excess of the word limit.
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief of respondents Yassir Fazaga, et al. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of James Dempsey and Sharon Bradford Franklin filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Sep 28 2021 | Brief amici curiae of 50 Religious Organizations filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Project for Privacy & Surveillance Accountability filed. (Distributed)
Sep 28 2021 | Brief amici curiae of The Brennan Center for Justice, et al. filed. (Distributed)
Sep 28 2021 | Motion for divided argument and for enlargement of time for oral argument filed jointly by Agent respondents in support.
Sep 28 2021 | Brief amicus curiae of Professor Barry Siegel filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Free Speech Defense & Education Fund, et al. filed. (Distributed)
Oct 12 2021 | Motion for divided argument and for enlargement of time for oral argument filed by respondents GRANTED.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 21 2021 | Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Oct 21 2021 | Reply of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed. (Distributed)
Oct 21 2021 | Reply of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed. (Distributed)
Nov 08 2021 | Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Agent Respondents: Catherine M.A. Carroll, Washington, D. C. For respondents Fazaga, et al.: Ahilan T. Arulanantham, Los Angeles, Cal.
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QUESTION PRESENTED:
This case presents a clear and intractable conflict regarding an important jurisdictional qNew York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense.
The question presented is: Whether the Second Amendment allows the government to prohibit ordinary lawabiding citizens from carrying handguns outside the home for self- defense.
DateProceedings and Orders (key to color coding)
Dec 17 2020 | Petition for a writ of certiorari filed. (Response due January 22, 2021)
Dec 23 2020 | Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
Jan 08 2021 | Motion to extend the time to file a response from January 22, 2021 to February 22, 2021, submitted to The Clerk.
Jan 11 2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
Jan 21 2021 | Brief amici curiae of Firearms Policy Coalition and Firearms Policy Foundation filed.
Jan 22 2021 | Brief amicus curiae of Korte Enterprises, LLC, d/b/a Korte Tree Care filed.
Jan 22 2021 | Brief amici curiae of State of Missouri.et al. filed.
Jan 22 2021 | Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
Feb 12 2021 | Brief amicus curiae of Neal Goldfarb filed. (Brief corrected 3/1/21)
Feb 22 2021 | Brief of respondents Keith M. Corlett, et al. in opposition filed.
Mar 10 2021 | DISTRIBUTED for Conference of 3/26/2021.
Mar 10 2021 | Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
Mar 29 2021 | DISTRIBUTED for Conference of 4/1/2021.
Apr 12 2021 | DISTRIBUTED for Conference of 4/16/2021.
Apr 19 2021 | DISTRIBUTED for Conference of 4/23/2021.
Apr 26 2021 | Petition GRANTED limited to the following question: Whether the State's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.
May 07 2021 | Motion for an extension of time file the briefs on the merits filed.
May 11 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 2, 2021. The time to file respondents' brief on the merits is extended to and including August 23, 2021.
May 27 2021 | Blanket Consent filed by Petitioner, New York State Rifle & Pistol Association, Inc., et al.
Jun 16 2021 | Motion for an further extension of time to file the briefs on the merits filed.
Jun 25 2021 | Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 13, 2021. The time to file respondents' brief on the merits is further extended to and including September 14, 2021.
Jul 09 2021 | Brief amicus curiae of Alabama Center for Law and Liberty filed.
Jul 13 2021 | Brief of petitioners New York State Rifle & Pistol Association, Inc., et al. filed.
Jul 13 2021 | Joint appendix filed.
Jul 13 2021 | Brief amici curiae of Professors of Second Amendment Law, et al. filed.
Jul 14 2021 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Jul 14 2021 | Brief amici curiae of Bay Colony Weapons Collectors, Inc. filed.
Jul 15 2021 | Brief amicus curiae of Association of New Jersey Rifle & Pistol Clubs, Inc. filed.
Jul 15 2021 | Brief amici curiae of Italo-American Jurists and Attorneys filed.
Jul 16 2021 | Brief amicus curiae of National African American Gun Association, Inc. filed.
Jul 16 2021 | Brief amicus curiae of Mountain States Legal Foundation's Center to Keep and Bear Arms filed.
Jul 16 2021 | Brief amicus curiae of George K. Young Jr. filed.
Jul 19 2021 | Brief amicus curiae of Citizens Committee for the Right to Keep and Bear Arms filed.
Jul 19 2021 | Brief amici curiae of Representative Claudia Tenney and 175 Additional Members of the U.S. House of Representatives filed.
Jul 19 2021 | Brief amicus curiae of The Buckeye Institute filed.
Jul 19 2021 | Brief amici curiae of The DC Project Foundation; Operation Blazing Sword—Pink Pistols; Jews for the Preservation of Firearms Ownership filed.
Jul 19 2021 | Brief amicus curiae of Patrick J. Charles in support of neither party filed.
Jul 20 2021 | Brief amicus curiae of J. Joel Alicea filed.
Jul 20 2021 | Brief amici curiae of Black Attorneys of Legal Aid, et al. filed.
Jul 20 2021 | Brief amicus curiae of American Constitutional Rights Union filed.
Jul 20 2021 | Brief amicus curiae of National Shooting Sports Foundation Inc. filed.
Jul 20 2021 | Brief amicus curiae of The Independent Institute filed.
Jul 20 2021 | Brief amici curiae of State of Arizona, et al. filed.
Jul 20 2021 | Brief amicus curiae of Governor of Texas filed.
Jul 20 2021 | Brief amici curiae of Law Enforcement Groups and State and Local Firearms Rights Groups filed.
Jul 20 2021 | Brief amicus curiae of American Center for Law and Justice filed.
Jul 20 2021 | Brief amici curiae of The Liberal Gun Club and Commonwealth Second Amendment filed.
Jul 20 2021 | Brief amici curiae of California Rifle & Pistol Association, Incorporated and Second Amendment Law Center, Inc filed.
Jul 20 2021 | Brief amicus curiae of Gun Owners of America, Inc., Gun Owners Foundation, and Heller Foundation filed.
Jul 20 2021 | Brief amici curiae of William English, Ph.D. and The Center for Human Liberty filed.
Jul 20 2021 | Brief amici curiae of Second Amendment Foundation, et al. filed.
Jul 20 2021 | Brief amici curiae of Lambert Henry, Russell Davenport, and Peter Fusco filed.
Jul 20 2021 | Brief amici curiae of Center for Defense of Free Enterprise, et al. filed.
Jul 20 2021 | Brief amicus curiae of The Cato Institute filed.
Jul 20 2021 | Brief amicus curiae of The League for Sportsmen, Law Enforcement and Defense filed.
Jul 20 2021 | Brief amici curiae of United States Senator Ted Cruz, and 24 Other U.S. Senators filed.
Jul 20 2021 | Brief amici curiae of National Foundation for Gun Rights and National Association for Gun Rights filed.
Jul 20 2021 | Brief amici curiae of Black Guns Matter, et al. filed.
Jul 20 2021 | Brief amici curiae of Professors Robert Leider and Nelson Lund, and the Buckeye Firearms Association filed.
Jul 20 2021 | Brief amicus curiae of Asian Pacific American Gun Owners Association filed.
Jul 20 2021 | Brief amici curiae of FPC American Victory Fund, et al. filed.
Jul 20 2021 | Brief amicus curiae of Madison Society Foundation, Inc. filed.
Jul 20 2021 | Brief amicus curiae of The Rutherford Institute filed.
Jul 20 2021 | Brief amicus curiae of The Goldwater Institute filed.
Jul 20 2021 | Brief amici curiae of The Firearms Policy Coalition and Professor Joyce Lee Malcolm filed.
Jul 20 2021 | Brief amicus curiae of Independent Women's Law Center filed.
Jul 20 2021 | Brief amicus curiae of NRA Civil Rights Defense Fund filed.
Jul 20 2021 | Brief amicus curiae of California Gun Rights Foundation filed.
Jul 20 2021 | Brief amici curiae of Second Amendment Law Professors in support of neither party filed.
Jul 20 2021 | Brief amicus curiae of Crime Prevention Research Center filed.
Aug 16 2021 | ARGUMENT SET FOR Wednesday, November 3, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 2nd Circuit.
Sep 01 2021 | The record from the U.S.C.A. 2nd Circuit has been electronically filed.
Sep 01 2021 | The record from the U.S.D.C. Northern District of New York has been electronically filed.
Sep 13 2021 | Brief amici curiae of J. Michael Luttig, et al. filed.
Sep 14 2021 | Brief of Kevin P. Bruen, et al. not accepted for filing. (September 15, 2021)
Sep 14 2021 | Brief of respondents Kevin P. Bruen, et al. filed.
Sep 14 2021 | Brief amicus curiae of Neal Goldfarb filed.
Sep 20 2021 | Brief amicus curiae of League of Women Voters filed. (Distributed)
Sep 20 2021 | Brief amici curiae of Amnesty International USA, et al. filed. (Distributed)
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief amicus curiae of United States filed. (Distributed)
Sep 21 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Sep 21 2021 | Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
Sep 21 2021 | Brief amici curiae of The National Coalition Against Domestic Violence, et al. filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of Giffords Law Center to Prevent Gun Violence filed. (Distributed)
Sep 21 2021 | Brief amici curiae of States of California, et al. filed. (Distributed)
Sep 21 2021 | Brief amici curiae of American Civil Liberties Union and New York Civil Liberties Union filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of Violence Policy Center filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Former Major City Police Chiefs filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of Americans Against Gun Violence filed. (Distributed)
Sep 21 2021 | Brief amici curiae of United States Senators Charles E. Schumer, et al. filed. (Distributed)
Sep 21 2021 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc. and National Urban League filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of City of New York filed. (Distributed)
Sep 21 2021 | Brief amici curiae of American Medical Association, et al. filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Professors of History and Law filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of New York County Lawyers Association filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Former National Security Officials filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of March For Our Lives Action Fund filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of Brady filed. (Distributed)
Sep 21 2021 | Brief amici curiae of City of Chicago and Eleven Other Cities filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of Citizens Crime Commission of New York City filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Members of the Business Community filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of The Partnership for New York City filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Corpus Linguistics Professors and Experts filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. (Distributed)
Sep 21 2021 | Brief amicus curiae of John Elson filed. (Distributed)
Sep 21 2021 | Brief amici curiae of National League of Cities, et al. filed. (Distributed)
Sep 21 2021 | Amicus brief of The Educational Fund to Stop Gun Violence and 35 Other Organizations not accepted for filing. (September 29, 2021 - Corrected version submitted).
Sep 21 2021 | Brief amici curiae of The Educational Fund to Stop Gun Violence and 35 Other Organizations filed. (Distributed)
Sep 21 2021 | Brief amici curiae of Social Scientists and Public Health Researchers in Support of Respondents filed. (Distributed)
Sep 21 2021 | Amicus brief of Prosecutors Against Gun Violence not accepted for filing. (Compliant PDF version submitted October 25, 2021)
Sep 21 2021 | Brief amicus curiae of Prosecutors Against Gun Violence filed. (Distributed)
Sep 23 2021 | Motion for leave to file amici brief out of time filed by Criminal Legal Scholars.
Oct 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 12 2021 | Motion for leave to file amici brief out of time filed by Criminal Legal Scholars GRANTED.
Oct 14 2021 | Reply of petitioners New York State Rifle & Pistol Association, Inc., et al. filed. (Distributed)
Oct 18 2021 | The time for oral argument is allotted as follows: 35 minutes for petitioners, 20 minutes for respondents, and 15 minutes for the Acting Solicitor General.
Nov 03 2021 | Argued. For petitioners: Paul D. Clement, Washington, D. C. For respondents: Barbara D. Underwood, Solicitor General, New York, N. Y.; and Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
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QUESTION PRESENTED:
This case presents a clear and intractable conflict regarding an important jurisdictional question under the Federal Arbitration Act (FAA), 9 U.S.C. 1-16. As this Court has repeatedly confirmed, the FAA does not itself confer federalquestion jurisdiction; federal courts must have an independent jurisdictional basis to entertain matters under the Act. In Vaden v. Discover Bank, 556 U.S. 49 (2009), this Court held that a federal court, in reviewing a petition to compel arbitration under Section 4 of the Act, may "look through" the petition to decide whether the parties' underlying dispute gives rise to federal-question jurisdiction. In so holding, the Court focused on the particular language of Section 4, which is not repeated elsewhere in the Act.
After Vaden, the circuits have squarely divided over whether the same "lookthrough" approach also applies to motions to confirm or vacate an arbitration award under Sections 9 and 10. In Quezada v. Bechtel OG & C Constr. Servs., Inc., 946 F.3d 837 (5th Cir. 2020), the Fifth Circuit acknowledged the 3-2 "circuit split," and a divided panel held that the "look-through" approach applies under Sections 9 and 10. In the proceedings below, the Fifth Circuit declared itself "bound" by that earlier decision, and applied the "look-through" approach to establish jurisdiction. That holding was outcomedeterminative, and this case is a perfect vehicle for resolving the widespread disagreement over this important threshold question.
The question presented is: Whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the FAA where the only basis for jurisdiction is that the underlying dispute involved a federal question.
DateProceedings and Orders (key to color coding)
Feb 12 2021 | Petition for a writ of certiorari filed. (Response due March 24, 2021)
Mar 24 2021 | Brief of respondents Greg Walters, et al. in opposition filed.
Apr 02 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 7, 2021 to April 14, 2021, submitted to The Clerk.
Apr 05 2021 | Motion to delay distribution of the petition for a writ certiorari until April 14, 2021 granted.
Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021.
Apr 16 2021 | Reply of petitioner Denise A. Badgerow filed. (Distributed)
May 10 2021 | DISTRIBUTED for Conference of 5/13/2021.
May 17 2021 | Petition GRANTED.
May 28 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jun 04 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 22, 2021. The time to file respondents' brief on the merits is extended to and including September 10, 2021.
Jun 17 2021 | Motion to dispense with printing the joint appendix filed by petitioner Denise A. Badgerow.
Jun 28 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 22 2021 | Brief of petitioner Denise A. Badgerow filed.
Aug 16 2021 | ARGUMENT SET FOR Tuesday, November 2, 2021.
Sep 01 2021 | Record requested from the U.S.C.A. 5th Circuit.
Sep 01 2021 | The record from the U.S.C.A. 5th Circuit is electronic and availble on Pacer.
Sep 10 2021 | Brief of respondents Greg Walters, et al. filed.
Sep 17 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Sep 17 2021 | Brief amicus curiae of Securities Industry and Financial Markets Association filed.(Distributed)
Sep 17 2021 | Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)
Sep 21 2021 | CIRCULATED
Oct 12 2021 | Reply of petitioner Denise A. Badgerow filed. (Distributed)
Nov 02 2021 | Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondents: Lisa S. Blatt, Washington, D. C.
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QUESTION PRESENTED:
Whether the First Amendment restricts the authority of an elected body to issue a censure resolution in response to a member’s speech.
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QUESTION PRESENTED:
THE APPLICATION IS TREATED AS A PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT, AND THE PETITION IS GRANTED LIMITED TO THE FOLLOWING QUESTION: MAY THE UNITED STATES BRING SUIT IN FEDERAL COURT AND OBTAIN INJUNCTIVE OR DECLARATORY RELIEF AGAINST THE STATE, STATE COURT JUDGES, STATE COURT CLERKS, OTHER STATE OFFICIALS, OR ALL PRIVATE PARTIES TO PROHIBIT S.B. 8 FROM BEING ENFORCED.
DateProceedings and Orders (key to color coding)
Oct 18 2021 | Application (21A85) to vacate stay, submitted to Justice Alito.
Oct 18 2021 | Petition for a writ of certiorari before judgment filed. (Response due November 22, 2021)
Oct 18 2021 | Response to application (21A85) requested by Justice Alito, due Thursday, October 21, by noon ET.
Oct 18 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Massachusetts, et al.
Oct 18 2021 | Motion for leave to file amici brief filed by Planned Parenthood of Greater Texas Surgical Health Services, et al.
Oct 19 2021 | Motion for leave to file amici brief filed by Administrative Law, Constitutional Law, and Civil Procedure Scholars.
Oct 19 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Medical Organizations.
Oct 19 2021 | Motion for leave to file amicus brief filed by Constitutional Accountability Center.
Oct 19 2021 | Motion for leave to file amici curiae brief filed by Current and Former Prosecutors and Law Enforcement Leaders, et al.
Oct 19 2021 | Motion for leave to file amici brief filed by Legal Scholars Leah Litman, et al.
Oct 20 2021 | Motion for leave to file amicus brief filed by Texas Medical Association.
Oct 20 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Human Coalition, et al.
Oct 21 2021 | Response to application from respondent Texas filed.
Oct 21 2021 | Response to application from Erick Graham, et al. filed.
Oct 21 2021 | Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Indiana, et al.
Oct 22 2021 | Reply of applicant United States filed.
Oct 22 2021 | Application (21A85) referred to the Court.
Oct 22 2021 | Consideration of the application (21A85) to vacate stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
Oct 22 2021 | The application (No. 21A85) is treated as a petition for a writ of certiorari before judgment, and the petition is granted limited to the following question: May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B. 8 from being enforced. The briefs of the parties in No. 21-588, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021. Justice Sotomayor, concurring in part and dissenting in part. (Detached opinion)
Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 | Blanket Consent filed by Respondent, Texas
Oct 25 2021 | Motion for divided argument filed by respondents.
Oct 25 2021 | Blanket Consent filed by Petitioner, United States
Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-463). VIDED. (Distributed)
Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-463). VIDED. (Distributed)
Oct 26 2021 | Motion for divided argument filed by respondents GRANTED.
Oct 26 2021 | In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-463).
Oct 27 2021 | Brief of petitioner United States filed. (Distributed)
Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief of private respondents filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of American Bar Association filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Legal Scholars Leah Litman, et al. filed. (Distributed)
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction)
Oct 27 2021 | Brief amicus curiae of Texas Medical Association filed.
Oct 27 2021 | Brief amici curiae of Indiana, et al. filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Blanca Telephone Company in support of neither party filed.
Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of 410 Texas Women Injured By Abortion, et al. filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of David Boyle filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. filed. (Distributed)
Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-463). VIDED. (Distributed)
Oct 27 2021 | Main document of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of October 1, 2021 hearing electronically received.
Oct 28 2021 | Amicus of The Rogers Group not accepted for filing. (October 29, 2021)
Oct 29 2021 | Reply brief of petitioner United States filed.(Distributed)
Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-463). VIDED.(Distributed)
Oct 29 2021 | Reply brief of private respondents filed. (Distributed)
Nov 01 2021 | Argued. For petitioner: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For state respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. For private respondents: Jonathan F. Mitchell, Austin, Tex.
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QUESTION PRESENTED:
The State of Texas adopted a law banning abortions at approximately six weeks of pregnancy, in clear violation of this Court's precedents holding that a State cannot prohibit abortion at a point before viability. To try to insulate this unconstitutional prohibition from a federal challenge, the legislature crafted the law to prohibit government officials from directly enforcing it and instead delegated enforcement to the general public via civil actions that "any person" can file in Texas state court. Petitioners Texas abortion providers and individuals and organizations that support abortion patients-brought suit in federal court against, among others, the clerks and judges of the courts where enforcement actions can be brought and the Texas attorney general. The district court denied Respondents' motions to dismiss on standing and sovereign-immunity grounds. Although Respondents' appeal is pending in the Fifth Circuit, that Court has now issued an order that effectively forecloses Petitioners' claims against the government officials.
The question presented is whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions.
DateProceedings and Orders (key to color coding)
Sep 23 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 28, 2021)
Sep 23 2021 | Motion to expedite consideration of the petition for a writ of certiorari before judgment filed by petitioners.
Oct 18 2021 | Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021.
Oct 21 2021 | Brief of respondents in opposition filed.
Oct 21 2021 | Brief amicus curiae of Firearms Policy Coalition filed.
Oct 22 2021 | Petition for a writ of certiorari before judgment GRANTED. The briefs of the parties, limited to 13,000 words, are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Reply briefs, if any, limited to 6,000 words, are to be filed electronically on or before 5 p.m., Friday, October 29, 2021. Any amicus curiae briefs are to be filed electronically on or before 5 p.m., Wednesday, October 27, 2021. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The parties are not required to file a joint appendix. The case is set for oral argument on Monday, November 1, 2021.
Oct 22 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Oct 23 2021 | Blanket Consent filed by Respondent, Austin Reeve Jackson, et al.
Oct 24 2021 | Blanket Consent filed by Petitioner, Whole Woman's Health, et al.
Oct 25 2021 | Motion for divided argument filed by respondents.
Oct 25 2021 | Brief amicus curiae of California ProLife Council filed. (Distributed)
Oct 26 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Brief amici curiae of Leading Medical Organizations filed (also in 21-588). VIDED. (Distributed)
Oct 26 2021 | Motion for divided argument filed by respondents DENIED.
Oct 26 2021 | In lieu of filing separate briefs in both No. 21-463 and No. 21-588 (21A85), the state respondents may file a single opening brief, limited to 20,000 words, and a single reply brief, limited to 9,000 words. (Also in 21-588 [21A85]).
Oct 26 2021 | Brief amici curiae of Professors Adam Lamparello, Charles E. MacLean, and Brian Owsley filed. (Distributed)
Oct 27 2021 | Brief of petitioners Whole Woman's Health, et al. filed.
Oct 27 2021 | Consolidated brief of state respondents filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief of respondent Penny Clarkston filed. (Distributed)
Oct 27 2021 | Brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Massachusetts, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Legal Scholars filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of Local Governments filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--brief needs correction; resubmitted).
Oct 27 2021 | Amicus brief of Texas Medical Association not accepted for filing. (October 27, 2021--resubmitted brief needs correction)
Oct 27 2021 | Brief amici curiae of Constitutional Law, Federal Courts, Civil Rights, and Civil Procedure Scholars filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Firearms Policy Coalition filed. (Distributed)
Oct 27 2021 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Oct 27 2021 | Brief amicus curiae of American Center for Law and Justice filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amicus curiae of Life Legal Defense Foundation filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Brief amici curiae of 128 Current and Former Prosecutors and Law Enforcement Leaders, et al. filed (also in 21-588). VIDED. (Distributed)
Oct 27 2021 | Record on appeal available on PACER. The USDC, W. District of Texas - transcript of August 4, 2021 hearing electronically received.
Oct 29 2021 | Reply brief of petitioners Whole Woman's Health, et al. filed. (Distributed)
Oct 29 2021 | Consolidated reply brief of state respondents filed (also in 21-588). VIDED.(Distributed)
Oct 29 2021 | Reply brief of respondent Mark Lee Dickson filed. (Distributed)
Oct 29 2021 | Reply brief of respondent Penny Clarkston filed.(Distributed)
Nov 01 2021 | Argued. For petitioners: Marc A. Hearron, Washington, D. C. For respondents: Judd E. Stone, II, Solicitor General, Austin, Tex.
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QUESTION PRESENTED:
Whether a civil service pension received for federal civilian employment as a “military technician (dual status)” is “a payment based wholly on service as a member of a uniformed service” for the purposes of the Social Security Act’s windfall elimination provision.
Date. Proceedings and Orders
Oct 08 2020 | Petition for a writ of certiorari filed. (Response due November 13, 2020)
Oct 08 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Oct 16 2020 | Motion to extend the time to file a response from November 13, 2020 to December 14, 2020, submitted to The Clerk.
Oct 19 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020.
Dec 03 2020 | Motion to extend the time to file a response from December 14, 2020 to January 13, 2021, submitted to The Clerk.
Dec 04 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2021.
Jan 13 2021 | Brief of respondent Andrew M. Saul, Commissioner of Social Security in opposition filed.
Jan 27 2021 | DISTRIBUTED for Conference of 2/19/2021.
Jan 27 2021 | Reply of petitioner David Babcock filed. (Distributed)
Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021 | Petition GRANTED.
Mar 01 2021 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Mar 12 2021 | Joint motion for an extension of time to file the briefs on the merits filed.
Mar 22 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 20, 2021. The time to file respondent's brief on the merits is extended to and including July 26, 2021.
May 14 2021 | Motion to dispense with printing the joint appendix filed by petitioner David Babcock.
May 20 2021 | Brief of petitioner David Babcock filed.
May 27 2021 | Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Jun 07 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 13 2021 | ARGUMENT SET FOR Wednesday, October 13, 2021.
Jul 26 2021 | Brief of respondent Kijakazi, Acting Comm'r of SSA filed.
Jul 28 2021 | Record requested from the U.S.C.A. 6th Circuit.
Jul 28 2021 | Record received from the U.S.C.A. 6th Circuit has been electronically filed.
Aug 02 2021 | Motion of David Babcock for an extension of time not accepted for filing. (August 06, 2021)
Aug 03 2021 | CIRCULATED
Aug 05 2021 | Application (21A17) to extend the time to file the reply brief on the merits from August 25, 2021 to September 8, 2021, submitted to Justice Kavanaugh.
Aug 11 2021 | Application (21A17) granted by Justice Kavanaugh extending the time to file the reply brief on the merits until September 8, 2021.
Sep 08 2021 | Reply of petitioner David Babcock filed. (Distributed)
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QUESTION PRESENTED
1) Whether the U.S. Court of Appeals for the 1st Circuit erred in concluding that Dzhokhar Tsarnaev’s capital sentences must be vacated on the ground that the district court, during its 21-day voir dire, did not ask each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard or seen about Tsarnaev’s case; and
(2) whether the district court committed reversible error at the penalty phase of Tsarnaev’s trial by excluding evidence that Tsarnaev’s older brother was allegedly involved in different crimes two years before the offenses for which Tsarnaev was convicted.
Date. Proceedings and Orders
Oct 06 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Nov 05 2020 | Brief amicus curiae of The National Fraternal Order of Police filed.
Nov 23 2020 | United States opposition to respondent's 30-day extension request not accepted for filing. (November 23, 2020 - corrected letter to be submitted)
Nov 23 2020 | Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
Nov 23 2020 | Response to motion for an extension of time from petitioner United States filed.
Nov 24 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020.
Dec 17 2020 | Brief of respondent Dzhokhar A. Tsarnaev in opposition filed.
Dec 18 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 11 2021 | DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021 | DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021.
Mar 15 2021 | DISTRIBUTED for Conference of 3/19/2021.
Mar 22 2021 | Petition GRANTED.
Mar 26 2021 | Motion for an extension of time to file the briefs on the merits filed.
Apr 15 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 14, 2021. The time to file respondent's brief on the merits is extended to and including August 20, 2021.
Apr 22 2021 | Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev
Apr 28 2021 | Blanket Consent filed by Petitioner, United States
May 05 2021 | Brief amici curiae of James Fetzer, Ph. D., et al. filed.
Jun 14 2021 | Joint appendix Volume I and II filed.
Jun 14 2021 | Brief of petitioner United States filed.
Jun 14 2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record filed by petitioner United States.
Jun 14 2021 | Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21).
Jun 21 2021 | Brief amicus curiae of American Bar Association filed.
Jun 21 2021 | Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jun 21 2021 | Brief amicus curiae of The National Fraternal Order of Police filed.
Jul 13 2021 | ARGUMENT SET FOR Wednesday, October 13, 2021.
Jul 28 2021 | Record requested from the U.S.C.A. 1st Circuit.
Aug 02 2021 | Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED.
Aug 03 2021 | CIRCULATED
Aug 20 2021 | Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed)
Aug 25 2021 | Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed)
Aug 27 2021 | Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute filed. (Distributed)
Aug 27 2021 | Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed)
Aug 27 2021 | Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed)
Aug 27 2021 | Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed)
Sep 14 2021 | Record received from the U.S.C.A. 1st Circuit (1 Box - including several CDs and thumb-drives of sealed material). Notation that district court was instructed to transmit its record material to the Clerk.
Sep 20 2021 | Reply of petitioner United States filed. (Distributed)
Sep 29 2021 | The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed.
Oct 04 2021 | letter clarifying joint appendix arrangement of United States submitted.
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QUESTION PRESENTED:
Whether the rule that a plaintiff must await favorable termination before bringing a Section 1983 action alleging unreasonable seizure pursuant to legal process requires the plaintiff to show that the criminal proceeding against him has “formally ended in a manner not inconsistent with his innocence,” as the U.S. Court of Appeals for the 11th Circuit decided in Laskar v. Hurd, or that the proceeding “ended in a manner that affirmatively indicates his innocence,” as the U.S. Court of Appeals for the 2nd Circuit decided in Lanning v. City of Glens Falls.
DateProceedings and Orders (
Nov 06 2020 | Petition for a writ of certiorari filed. (Response due December 14, 2020)
Nov 18 2020 | Waiver of right of respondent Police Officer Pagiel Clark, et al. to respond filed.
Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020.
Dec 03 2020 | Response Requested. (Due January 4, 2021)
Dec 24 2020 | Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
Dec 28 2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
Jan 04 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
Jan 04 2021 | Brief amici curiae of Current and Former Prosecutors, Department of Justice Officials, and Judges filed.
Feb 03 2021 | Brief of respondents Police Officer Pagiel Clark, et al. in opposition filed.
Feb 08 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Feb 09 2021 | Reply of petitioner Larry Thompson filed. (Distributed)
Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021 | DISTRIBUTED for Conference of 3/5/2021.
Mar 08 2021 | Petition GRANTED.
Mar 11 2021 | The order granting the petition for a writ of certiorari is amended as follows: The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
Mar 24 2021 | Joint motion for an extension of time to file the briefs on the merits filed.
Mar 31 2021 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 4, 2021. The time to file respondents' brief on the merits is extended to and including August 16, 2021.
May 04 2021 | Blanket Consent filed by Respondent, Police Officer Pagiel Clark, Shield #28472, et al.
Jun 04 2021 | Joint appendix filed. (Statement of costs filed)
Jun 04 2021 | Brief of petitioner Larry Thompson filed.
Jun 11 2021 | Brief amicus curiae of Home School Legal Defense Association filed.
Jun 11 2021 | Brief amicus curiae of United States filed.
Jun 11 2021 | Brief amici curiae of National, State, and Local Civil Rights, Racial Justice, and Criminal Defense Organizations filed.
Jun 11 2021 | Brief amici curiae of Current and Former Prosecutors, et al. filed.
Jun 11 2021 | Brief amici curiae of National Police Accountability Project, et al. filed.
Jun 11 2021 | Brief amicus curiae of Law Enforcement Action Partnership filed.
Jun 11 2021 | Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
Jun 11 2021 | Brief amicus curiae of APA Watch filed.
Jun 11 2021 | Brief amicus curiae of Boston University Center for Antiracist Research filed.
Jun 11 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Jun 11 2021 | Brief amicus curiae of Institute for Justice filed.
Jun 11 2021 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Jun 11 2021 | Brief amici curiae of Federal Courts Scholars filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 1, 2021.
Aug 16 2021 | Brief of respondents Police Officer Pagiel Clark, Shield #28472, et al. filed.
Aug 20 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 23 2021 | Brief amicus curiae of The District Attorneys Association of the State of New York filed.
Aug 23 2021 | Brief amici curiae of City of Chicago, et al. filed.
Sep 01 2021 | Record requested from the U.S.C.A. 2nd Circuit.
Sep 01 2021 | The record from the U.S.C.A. 2nd Circuit has been electronically filed.
Sep 08 2021 | ARGUMENT RESCHEDULED FOR Tuesday, October 12, 2021.
Sep 15 2021 | The record from the U.S.D.C. Eastern District of New York (Brooklyn) has been electronically filed.
Sep 15 2021 | Reply of petitioner Larry Thompson filed. (Distributed)
Sep 20 2021 | Sealed record material from the U.S.D.C. Eastern District of New York has been electronically filed.
Sep 30 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 30 minutes for respondents.
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QUESTION PRESENTED:
Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.
DateProceedings and Orders
Oct 30 2020 | Petition for a writ of certiorari filed. (Response due December 7, 2020)
Nov 12 2020 | Motion to extend the time to file a response from December 7, 2020 to February 5, 2021, submitted to The Clerk.
Nov 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2021.
Dec 07 2020 | Brief amici curiae of The States of Arizona, et al. filed.
Feb 05 2021 | Brief of respondents EMW Women's Surgical Center, P.S.C., et al. in opposition filed.
Feb 19 2021 | Reply of petitioner Daniel Cameron, Attorney General of Kentucky filed. (Distributed)
Feb 24 2021 | DISTRIBUTED for Conference of 3/19/2021.
Mar 22 2021 | DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021 | Petition GRANTED limited to Question 1 presented by the petition.
Apr 06 2021 | Motion for an extension of time to file the briefs on the merits filed.
Apr 27 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 14, 2021. The time to file respondents' brief on the merits is extended to and including August 13, 2021.
Jun 14 2021 | Brief of petitioner Daniel Cameron, Attorney General of Kentucky filed.
Jun 14 2021 | Joint appendix filed.
Jun 21 2021 | Brief amici curiae of Philip E. Berger, President Pro Tempore of the North Carolina Senate, et al. filed.
Jun 21 2021 | Brief amici curiae of Arizona, et al. filed.
Jun 21 2021 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Jul 13 2021 | ARGUMENT SET FOR Tuesday, October 12, 2021.
Jul 28 2021 | Record requested from the U.S.C.A. 6th Circuit.
Jul 28 2021 | Record received from the U.S.C.A. 6th Circuit has been electronically filed.
Aug 03 2021 | CIRCULATED
Aug 13 2021 | Brief of respondents EMW Women's Surgical Center, P.S.C., et al. filed. (Distributed)
Aug 20 2021 | Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Sep 13 2021 | Reply of petitioner Daniel Cameron, Attorney General of Kentucky filed. (Distributed)
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QUESTION PRESENTED:
Whether the court of appeals erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency (CIA) contractors on matters concerningalleged clandestine CIA activities.
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QUESTION PRESENTED:
A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence.
The question presented is: Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause.
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In Brecht v. Abrahamson, 507 U.S. 619 (1993), the Court held that the test for determining whether a constitutional error was harmless on habeas review is whether the defendant suffered "actual prejudice." Congress later enacted 28 U.S.C. § 2254(d) (1), which prohibits habeas relief on a claim that was adjudicated on the merits by a state court unless the adjudication "resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established Federal law." Although the Court has held that the Brecht test "subsumes" § 2254(d)(1)'s requirements, the Court declared in Davis v. Ayala, 576 U.S. 257, 267 (2015), that those requirements are still a "precondition" for relief and that a state-court harmlessness determination under Chapman v. California, 386 U.S. 18 (1967), still retains "significance" under the Brecht test.
The question presented is:
May a federal habeas court grant relief based solely on its conclusion that the. Brecht test is satisfied, as the Sixth Circuit held, or must the court also find that the state court's Chapman application was unreasonable under § 2254(d)(1), as the Second, Third, Seventh, Ninth, and Tenth Circuits have held?
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The case concerns the Fourth Amendment to the United States Constitution and how predicate offenses are considered and classified under the Armed Career Criminal Act. A predicate offense is a crime that may be or may be considered a component of a larger crime.
QUESTION PRESENTED:
- Did the warrantless entry and search of petitioner's home violate his Fourth Amendment right to be free from illegal search and seizure?
- Did the Sixth Circuit err by expanding the scope of 18 U.S.C. §924(e)(1) in the absence of clear statutory definition with regard to the vague term 'committed on occasions different from one another'?"[1]
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The case concerns a dispute between the States of Mississippi and Tennessee involving an aquifer's groundwater.
QUESTION PRESENTED:
- "Whether the Court will grant Mississippi leave to file an original action to seek relief from respondents’ use of a pumping operation to take approximately 252 billion gallons of high-quality groundwater;
- "whether Mississippi has sole sovereign authority over and control of groundwater naturally stored within its borders, including in sandstone within Mississippi’s borders; and
- "whether Mississippi is entitled to damages, injunctive, and other equitable relief for the Mississippi intrastate groundwater intentionally and forcibly taken by respondents.
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QUESTION PRESENTED:
Whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
DateProceedings and Orders (key to color coding)
Sep 28 2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)
Oct 28 2020 | Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
Oct 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
Dec 04 2020 | Brief of respondent United States in opposition filed. (Distributed)
Dec 07 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 09 2020 | Reply of petitioner Tarahrick Terry filed. (Distributed)
Dec 10 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 28 2021 | Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry.
Jan 28 2021 | Blanket Consent filed by Petitioner, Tarahrick Terry
Feb 12 2021 | Brief of petitioner Tarahrick Terry filed.
Feb 19 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 19 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Feb 19 2021 | Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed.
Feb 19 2021 | Brief amici curiae of District of Columbia, et al. filed.
Feb 19 2021 | Brief amici curiae of Senators Richard J. Durbin, et al. filed.
Feb 19 2021 | Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed.
Feb 19 2021 | Brief amici curiae of ACLU, et al. filed.
Feb 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021 | Letter of respondent United States filed. (Distributed)
Mar 15 2021 | Letter of petitioner Tarahrick Terry filed. (Distributed)
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 17 2021 | The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer.
Mar 19 2021 | The case is removed from the calendar for the March 2021 argument session. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below. The case will be rescheduled for argument this Term.
Mar 25 2021 | The brief of the Court-appointed amicus curiae in support of the judgment below, and any other briefs of amicus curiae in support, are to be filed on or before Tuesday, April 13, 2021. Any reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 28, 2021. The case is set for oral argument on Tuesday, May 4, 2021.
Mar 25 2021 | SET FOR ARGUMENT on Tuesday, May 4, 2021.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Motion for leave to file a brief out of time filed by respondent.
Mar 31 2021 | Motion for divided argument filed by respondent in support of reversal.
Apr 05 2021 | Motion of respondent for leave to file a brief out of time GRANTED.
Apr 05 2021 | Motion for divided argument filed by respondent GRANTED.
Apr 13 2021 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
Apr 27 2021 | Reply of petitioner Tarahrick Terry filed. (Distributed)
Apr 28 2021 | Reply of respondent United States filed. (Distributed)
May 04 2021 | Argued. For petitioner: Andrew L. Adler, Ft. Lauderdale, Fla. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Adam K. Mortara, Chicago, Ill.
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QUESTION PRESENTED:
(1) Whether the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government’s eminent-domain power to condemn land in which a state claims an interest; and (2) whether the U.S. Court of Appeals for the 3rd Circuit properly exercised jurisdiction over this case.
DateProceedings and Orders (key to color coding)
Jan 24 2020 | Application (19A836) to extend the time to file a petition for a writ of certiorari from February 3, 2020 to March 4, 2020, submitted to Justice Alito.
Jan 27 2020 | Application (19A836) granted by Justice Alito extending the time to file until March 4, 2020.
Feb 18 2020 | Petition for a writ of certiorari filed. (Response due March 23, 2020)
Mar 09 2020 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC.
Mar 20 2020 | Brief amicus curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.
Mar 20 2020 | Brief amicus curiae of Industrial Energy Consumers of America filed.
Mar 23 2020 | Brief amicus curiae of Columbia Gas Transmission, LLC filed.
Mar 23 2020 | Brief amici curiae of Pennslvania Manufacturers' Association, et al. filed.
Mar 23 2020 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.
Mar 23 2020 | Waiver of New Jersey Conservation Foundation of right to respond not accepted for filing. (March 24, 2020)
Mar 23 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed.
Mar 23 2020 | Brief amicus curiae of Consumer Energy Alliance filed.
Mar 23 2020 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.
Mar 23 2020 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.
Mar 23 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.
Mar 23 2020 | Waiver of right of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. to respond filed.
Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020.
Apr 13 2020 | Response Requested. (Due May 13, 2020)
Apr 30 2020 | Motion to extend the time to file a response from May 13, 2020 to June 12, 2020, submitted to The Clerk.
Apr 30 2020 | Response to motion from petitioner PennEast Pipeline Company, LLC filed.
May 01 2020 | Motion to extend the time to file a response is granted in part; the time is extended to and including June 2, 2020, for all respondents.
Jun 02 2020 | Brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. in opposition filed.
Jun 02 2020 | Waiver of right of respondent New Jersey Conservation Foundation to respond filed.
Jun 03 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 09 2020 | Reply of petitioners PennEast Pipeline Company, LLC filed. (Distributed)
Jun 29 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 09 2020 | Brief amicus curiae of United States filed.
Dec 23 2020 | Supplemental brief of respondents State of New Jersey; NJ Department of Envrionmental Protection, et al. filed.
Jan 07 2021 | DISTRIBUTED for Conference of 1/22/2021.
Feb 03 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Did the Court of Appeals properly exercise jurisdiction over this case? The case will be set for argument in the April 2021 argument session.
Feb 05 2021 | Blanket Consent filed by Petitioner, PennEast Pipeline Company, LLC
Feb 08 2021 | Joint motion to set the briefing schedule filed by the parties.
Feb 10 2021 | Joint motion to set the briefing schedule GRANTED. Petitioner's brief on the merits will be filed on or before March 1, 2021. Respondents briefs on the merits will be filed on or before March 31, 2021. The reply brief will be filed in compliance with Rule 25.3.
Feb 22 2021 | Blanket Consent filed by Respondent, New Jersey Conservation Foundation
Mar 01 2021 | Brief of petitioner PennEast Pipeline Company, LLC filed.
Mar 01 2021 | Joint appendix (two volumes) filed.
Mar 04 2021 | Blanket Consent filed by Respondent, State of New Jersey; NJ Department of Envrionmental Protection, et al.
Mar 08 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America and the Pennsylvania Chamber of Business and Industry filed.
Mar 08 2021 | Brief amicus curiae of Columbia Gas Transmission, LLC filed.
Mar 08 2021 | Brief amici curiae of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, et al. filed.
Mar 08 2021 | Brief amicus curiae of Energy Equipment and Infrastructure Alliance filed.
Mar 08 2021 | Brief amici curiae of Pennslvania Manufacturers' Association and the New Jersey Business & Industry Association filed.
Mar 08 2021 | Brief amicus curiae of United States filed.
Mar 08 2021 | Brief amici curiae of Interstate Natural Gas Association of America, American Gas Association, American Petroleum Institute filed.
Mar 08 2021 | Brief amici curiae of Marcellus Shale Coalition and Pennsylvania Independent Oil & Gas Association filed.
Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 28, 2021.
Mar 15 2021 | Record requested.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief of respondent New Jersey Conservation Foundation filed. (Distributed)
Mar 31 2021 | Brief of respondents New Jersey, et al. filed. (Distributed)
Mar 31 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 07 2021 | Brief amici curiae of State of Oregon, et al. filed. (Distributed)
Apr 07 2021 | Brief amicus curiae of Institute for Justice filed. (Distributed)
Apr 07 2021 | Brief amici curiae of The Council of State Governments, et al. filed. (Distributed)
Apr 16 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16 2021 | Reply of petitioner PennEast Pipeline Company, LLC filed. (Distributed)
Apr 28 2021 | Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jeremy M. Feigenbaum, Counsel to the Attorney General, Trenton, N. J.
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QUESTION PRESENTED:
Whether Tinker v. Des Moines Independent Community School District, which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus.
DateProceedings and Orders (key to color coding)
Aug 28 2020 | Petition for a writ of certiorari filed. (Response due October 1, 2020)
Sep 21 2020 | Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
Sep 28 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
Oct 01 2020 | Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
Oct 01 2020 | Brief amici curiae of National School Boards Association, et al. filed.
Nov 30 2020 | Brief of respondents B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy in opposition filed.
Dec 14 2020 | Reply of petitioner Mahanoy Area School District filed.
Dec 16 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021 | Petition GRANTED.
Feb 22 2021 | Brief of petitioner Mahanoy Area School District filed.
Feb 22 2021 | Joint appendix filed. (Statement of costs filed)
Feb 24 2021 | Brief amici curiae of Cyberbullying Research Center, et al. filed.
Mar 01 2021 | Brief amicus curiae of United States filed.
Mar 01 2021 | Brief amici curiae of National School Boards Association, et al. filed.
Mar 01 2021 | Brief amici curiae of Massachusetts, et al. in support of neither party filed.
Mar 01 2021 | Brief amicus curiae of Nation Education Association in support of neither party filed.
Mar 01 2021 | Brief amici curiae of National Association of Pupil Services Administrators and Pennsylvania Association of Pupil Services Administrators filed.
Mar 01 2021 | Brief amici curiae of Pennsylvania School Boards Association and Pennsylvania Principals Association filed.
Mar 01 2021 | Brief amici curiae of First Amendment and Education Law Scholars filed.
Mar 01 2021 | Brief amici curiae of The Huntsville, Alabama City Board of Education, et al. filed.
Mar 01 2021 | Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 28, 2021.
Mar 15 2021 | Record requested.
Mar 24 2021 | Brief of respondent B.L., a minor, by and through her father Lawrence Levy and her mother Betty Lou Levy filed.
Mar 26 2021 | Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
Mar 29 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30 2021 | CIRCULATED
Mar 30 2021 | Brief amicus curiae of Parents Defending Education filed. (Distributed)
Mar 30 2021 | Brief amici curiae of Liberty Justice Center, et al. filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Alliance Defending Freedom and Christian Legal Society filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of The Independent Women's Law Center filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of College Athlete Advocates filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Law and Education Professors filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Americans for Prosperity Foundation and The Rutherford Institute filed. (Distributed)
Mar 31 2021 | Brief amici curiae of The National Women's Law Center, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Jane Bambauer, Ashutosh Bhagwat, and Eugene Volokh filed. (Distributed)
Mar 31 2021 | Brief amici curiae of School Discipline Professors filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. (Distributed)
Mar 31 2021 | Brief amici curiae of States of Louisiana, et al. filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of First Liberty Institute filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Current and Former Student School Board Members filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Advancement Project, Juvenile Law Center, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Student Press Law Center, et al. filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of VanHo Law filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Mary Beth Tinker & John Tinker filed. (Distributed)
Mar 31 2021 | Brief amici curiae of HISD Student Congress, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Foundation for Individual Rights in Education, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Teachers, School Administrators, and the National Council of Teachers of English filed. (Distributed)
Mar 31 2021 | Brief amici curiae of The Electronic Frontier Foundation, et al. filed. (Distributed)
Apr 05 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16 2021 | Reply of petitioner Mahanoy Area School District filed. (Distributed)
Apr 28 2021 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David D. Cole, of Washington, D. C.
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QUESTION PRESENTED:
Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 20 2020 | Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Oct 21 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Dec 07 2020 | Motion for leave to proceed in forma pauperis filed by respondent Refugio Palomar-Santiago.
Dec 07 2020 | Brief of respondent Refugio Palomar-Santiago in opposition filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 26 2021 | Motion to appoint counsel filed by respondent Refugio Palomar-Santiago.
Feb 03 2021 | DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Bradley N. Garcia, Esq., of Washington, D.C., is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2021 | Brief of petitioner United States filed.
Mar 01 2021 | Brief amicus curiae of Immigration Reform Law Institute filed.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24 2021 | Brief of respondent Refugio Palomar-Santiago filed.
Mar 29 2021 | Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. (Distributed)
Mar 31 2021 | Brief amici curiae of The National Immigration Project, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Former Executive Office of Immigration Review Judges filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Professors Kelly Lytle Hernández, Mae Ngai, and Ingrid Eagly filed. (Distributed)
Apr 16 2021 | Reply of petitioner United States filed. (Distributed)
Apr 27 2021 | Argued. For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Bradley N. Garcia, Washington, D. C. (Appointed by this Court.)
Apr 29 2021 | Motion for Leave to File Supplemental Brief After Oral Argument and Supplemental Brief of Refugio Palomar-Santiago submitted.
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QUESTION PRESENTED:
Whether, in order to qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, a small refinery needs to receive uninterrupted, continuous hardship exemptions for every year since 2011.
DateProceedings and Orders (key to color coding)
Sep 04 2020 | Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Sep 04 2020 | Petition for a writ of certiorari filed. (Response due November 12, 2020)
Sep 16 2020 | MOTION (20M25) DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020 | Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Nov 04 2020 | Motion to extend the time to file a response from November 12, 2020 to December 14, 2020, submitted to The Clerk.
Nov 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020, for all respondents.
Nov 11 2020 | Brief amici curiae of States of Wyoming, et al. filed.
Nov 12 2020 | Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC.
Nov 12 2020 | Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers.
Dec 08 2020 | Brief of Federal Respondent in opposition filed.
Dec 09 2020 | Brief of respondents Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union in opposition filed.
Dec 22 2020 | Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021 | Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers GRANTED.
Jan 08 2021 | Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC GRANTED.
Jan 08 2021 | Petition GRANTED.
Feb 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners HollyFrontier Cheyenne Refining, LLC, et al.
Feb 22 2021 | Brief of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed.
Feb 26 2021 | Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief to be submitted - 3/12/21)
Feb 26 2021 | Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief submitted - March 16, 2021).
Mar 01 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Mar 01 2021 | Brief amici curiae of States of Wyoming, et al., filed.
Mar 01 2021 | Brief amicus curiae of The American Fuel & Petrochemical Manufacturers filed.
Mar 01 2021 | Brief amicus curiae of Small Refineries Coalition filed.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15 2021 | Record requested.
Mar 22 2021 | The record received from the U.S.C.A. 10th Circuit is electronic and located on Pacer. Sealed documents in this record has been received and electronically filed.
Mar 24 2021 | Brief of Federal Respondent filed.
Mar 24 2021 | Brief of respondents Renewable Fuels Association, et al. filed.
Mar 24 2021 | Motion for divided argument filed by the Acting Solicitor General.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of National Biodiesel Board filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of Advanced Biofuels Association filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Growth Energy and American Farm Bureau Federation filed. (Distributed)
Mar 31 2021 | Brief amici curiae of States of Iowa, et al. filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency filed. (Distributed)
Apr 05 2021 | Motion for divided argument filed by respondents GRANTED.
Apr 15 2021 | Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
Apr 27 2021 | Argued. For petitioners: Peter D. Keisler, Washington, D. C. For federal respondent: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondents: Matthew W. Morrison, Washington, D. C.
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QUESTION PRESENTED:
(1) Whether a settlement that is not under the Comprehensive Environmental Response, Compensation, and Liability Act can trigger a contribution claim under CERCLA Section 113(f)(3)(B); and (2) whether a settlement that expressly disclaims any liability determination and leaves the settling party exposed to future liability can trigger a contribution claim under CERCLA Section 113(f)(3)(B).
DateProceedings and Orders (key to color coding)
Sep 16 2020 | Petition for a writ of certiorari filed. (Response due October 26, 2020)
Oct 21 2020 | Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk.
Oct 23 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2020.
Nov 20 2020 | Motion to extend the time to file a response from November 25, 2020 to December 9, 2020, submitted to The Clerk.
Nov 23 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
Dec 07 2020 | Brief of respondent United States in opposition filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner Government of Guam filed. (Distributed)
Jan 08 2021 | Petition GRANTED.
Feb 22 2021 | Brief of petitioner Government of Guam filed.
Feb 22 2021 | Joint appendix filed. (Statement of costs filed)
Mar 01 2021 | Brief amicus curiae of ConservAmerica filed.
Mar 01 2021 | Brief amici curiae of Territories of The Commonwealth Of The Northern Mariana Islands, et al. filed.
Mar 12 2021 | SET FOR ARGUMENT on Monday, April 26, 2021.
Mar 15 2021 | Record requested.
Mar 16 2021 | The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
Mar 16 2021 | The record from the U.S.C.A. is electronic and located on Pacer. The oral argument transcript, has been electronically received and filed.
Mar 24 2021 | Brief of respondent United States filed.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of Atlantic Richfield Company filed. (Distributed)
Apr 16 2021 | Reply of petitioner Government of Guam filed. (Distributed)
Apr 26 2021 | Argued. For petitioner: Gregory G. Garre, Bethesda, Md. For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether the exacting scrutiny the Supreme Court has long required of laws that abridge the freedoms of speech and association outside the election context – as called for by NAACP v. Alabama ex rel. Patterson and its progeny – can be satisfied absent any showing that a blanket governmental demand for the individual identities and addresses of major donors to private nonprofit organizations is narrowly tailored to an asserted law-enforcement interest.
DateProceedings and Orders (key to color coding)
May 28 2019 | Application (18A1224) to extend the time to file a petition for a writ of certiorari from June 27, 2019 to August 26, 2019, submitted to Justice Kagan.
May 28 2019 | Application (18A1224) granted by Justice Kagan extending the time to file until August 26, 2019.
Aug 26 2019 | Petition for a writ of certiorari filed. (Response due September 25, 2019)
Sep 06 2019 | Blanket Consent filed by Petitioner, Americans for Prosperity Foundation.
Sep 09 2019 | Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
Sep 11 2019 | Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
Sep 24 2019 | Brief amicus curiae of Pacific Legal Foundation filed.
Sep 24 2019 | Brief amicus curiae of Liberty Justice Center filed.
Sep 24 2019 | Brief amicus curiae of Institute for Justice filed. VIDED.
Sep 25 2019 | Brief amici curiae of Pacific Research Institute, Project for Privacy and Surveillance Accountability filed.
Sep 25 2019 | Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED
Sep 25 2019 | Brief amicus curiae of The Buckeye Institute filed.
Sep 25 2019 | Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Sep 25 2019 | Brief amici curiae of Public Interest Legal Foundation, Center for Constitutional Jurisprudence, Foundation for Michigan Freedom and Texas Public Policy Foundation filed. VIDED.
Sep 25 2019 | Brief amicus curiae of The National Association of Manufacturers filed.
Sep 25 2019 | Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
Sep 25 2019 | Brief amicus curiae of Hispanic Leadership Fund filed. VIDED.
Sep 25 2019 | Brief amici curiae of Cato Institute, et al. filed. VIDED.
Sep 25 2019 | Brief amici curiae of Philanthropy Roundtable, et al. filed. VIDED.
Sep 25 2019 | Brief amici curiae of 24 Family Policy Organizations filed. VIDED.
Sep 25 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 25 2019 | Brief amicus curiae of Council on American-Islamic Relations filed.
Sep 25 2019 | Brief amicus curiae of Public Integrity Alliance filed.
Sep 25 2019 | Brief amicus curiae of Judicial Watch, Inc. filed.
Sep 25 2019 | Brief amici curiae of States of Arizona et al. filed.
Sep 25 2019 | Brief amicus curiae of American Target Advertising, Inc. filed.
Sep 25 2019 | Brief amicus curiae of Institute for Free Speech filed. VIDED.
Sep 25 2019 | Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
Oct 03 2019 | Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
Oct 07 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including November 25, 2019.
Nov 25 2019 | Brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California in opposition filed. VIDED.
Dec 10 2019 | Reply of petitioner Americans for Prosperity Foundation filed.
Dec 11 2019 | DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020 | DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020 | DISTRIBUTED for Conference of 1/24/2020.
Feb 14 2020 | DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 24 2020 | Brief amicus curiae of United States filed. VIDED.
Dec 09 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 09 2020 | Supplemental brief of respondent Xavier Becerra, in his official capacity as the Attorney General of California filed. VIDED. (Distributed)
Jan 08 2021 | Petition GRANTED. The petition for a writ of certiorari in No. 19-255 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 08 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-251. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-251. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 29 2021 | Blanket Consent filed by Petitioner, Thomas More Law Center (in 19-255).
Feb 05 2021 | Blanket Consent filed by Petitioner, Americans for Prosperity Foundation
Feb 22 2021 | Brief of petitioner Thomas More Law Center filed (in 19-255).
Feb 22 2021 | Joint appendix filed (in 19-255).
Feb 22 2021 | Brief of petitioner Americans for Prosperity Foundation filed (in 19-251).
Feb 22 2021 | Joint appendix filed (in 19-251). (Statement of costs filed)
Feb 23 2021 | Brief amicus curiae of James Madison Center for Free Speech filed. VIDED
Feb 24 2021 | Brief amicus curiae of Council on American-Islamic Relations filed (in 19-251).
Feb 24 2021 | Brief amici curiae of Pacific Legal Foundation, Southeastern Legal Foundation, and Center for Constitutional Jurisprudence filed. VIDED.
Feb 24 2021 | Brief amicus curiae of Goldwater Institute and Rio Grande Foundation filed. VIDED.
Feb 25 2021 | Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
Feb 26 2021 | Brief amici curiae of National Taxpayers Union Foundation, et al. filed. VIDED.
Feb 26 2021 | Brief amicus curiae of Randy Elf filed. VIDED.
Feb 26 2021 | Brief amici curiae of Public Interest Legal Foundation and Foundation for Michigan Freedom filed. VIDED.
Feb 26 2021 | Brief amicus curiae of American Target Advertising, Inc. filed. VIDED.
Mar 01 2021 | Amicus brief of Philanthropy Roundtable, Independent Women's Forum, and People United for Privacy Foundation not accepted for filing. (March 02, 2021 - corrected brief to be submitted.)
Mar 01 2021 | Brief amicus curiae of Philanthropy Roundtable filed. VIDED.
Mar 01 2021 | Amicus brief of The Electronic Frontier Foundation, et al. not accepted for filing. (March 02, 2021) (efiling will be resubmitted)
Mar 01 2021 | Brief amicus curiae of Center for Equal Opportunity filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Citizen Power Initiatives for China filed. VIDED.
Mar 01 2021 | Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of The American Legislative Exchange Council filed. VIDED.
Mar 01 2021 | Brief amicus curiae of The Floyd Abrams Institute for Freedom of Expression at Yale Law School in support of neither party filed. VIDED.
Mar 01 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Institute for Free Speech filed. VIDED.
Mar 01 2021 | Brief amici curiae of Association of National Advertisers (ANA) and the ANA Non-Profit Federation filed. VIDED.
Mar 01 2021 | Brief amici curiae of Hispanic Leadership Fund, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Proposition 8 Legal Defense Fund filed. VIDED.
Mar 01 2021 | Brief amicus curiae of New Civil Liberties Alliance filed. VIDED.
Mar 01 2021 | Brief amicus curiae of American Center for Law and Justice filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Liberty Justice Center filed. VIDED.
Mar 01 2021 | Brief amici curiae of American Civil Liberties Union, Inc., et al. filed. VIDED.
Mar 01 2021 | Brief amici curiae of Free Speech Coalition, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of The Legacy Foundation filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Independent Women's Law Center filed. VIDED.
Mar 01 2021 | Brief amici curiae of The Nonprofit Alliance Foundation, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of China Aid Association filed. VIDED
Mar 01 2021 | Brief amicus curiae of Thomas More Society filed. VIDED
Mar 01 2021 | Brief amici curiae of State of Arizona, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. VIDED.
Mar 01 2021 | Brief amici curiae of Congressman John Sarbanes and Democracy 21 in support of neither party filed. VIDED.
Mar 01 2021 | Brief amici curiae of Protect The 1st and Pacific Research Institute filed. VIDED.
Mar 01 2021 | Brief amicus curiae of United States supporting vacatur and remand filed. VIDED.
Mar 01 2021 | Brief amici curiae of The Electronic Frontier Foundation, et al. filed. VIDED.
Mar 01 2021 | Brief amici curiae of Citizens United and Citizens United Foundation filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Institute for Justice filed. VIDED.
Mar 01 2021 | Brief amici curiae of The National Association of Manufacturers, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Senator Mitch McConnell filed. VIDED.
Mar 01 2021 | Brief amici curiae of Cato Institute, et al. filed.
Mar 01 2021 | Brief amicus curiae of Freedom Foundation filed.
Mar 01 2021 | Brief amici curiae of The Buckeye Institute, et al. filed. VIDED.
Mar 09 2021 | Application (20A148) to file respondent's consolidated brief on the merits in excess of the word limit, submitted to Justice Kagan. VIDED.
Mar 11 2021 | Motion for divided argument and enlargement of time for oral argument filed by petitioners. VIDED.
Mar 12 2021 | SET FOR ARGUMENT on Monday, April 26, 2021. VIDED.
Mar 12 2021 | Application (20A148) granted by Justice Kagan to file respondent's consolidated brief on the merits in excess of the word limit. The brief may not exceed 15,000 words. VIDED.
Mar 12 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Mar 24 2021 | Brief of Matthew Rodriquez, Acting Attorney General of California not accepted for filing. (Corrected and reprinted brief submitted - March 25, 2021)
Mar 24 2021 | Brief of respondent Matthew Rodriquez, Acting Attorney General of California filed (Mar. 25, 2021). VIDED.
Mar 30 2021 | CIRCULATED
Mar 30 2021 | Brief amicus curiae of The California Association of Nonprofits filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of States of New York, et al. filed. VIDED. (Distributed)
Mar 31 2021 | Brief amicus curiae of CharityWatch filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of Scholars of the Law of Non-Profit Organizations filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of Public Citizen and Public Citizen Foundation filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of U.S. Senators filed (in 19-251). (Distributed)
Mar 31 2021 | Amicus brief of Legal Historians not accepted for filing. (April 06, 2021 - Corrected brief submitted.)
Mar 31 2021 | Brief amici curiae of Legal Historians filed. VIDED. (Distributed)
Mar 31 2021 | Brief amicus curiae of National Council of Nonprofits filed. VIDED. (Distributed)
Mar 31 2021 | Amicus brief of Campaign Legal Center, et al. not accepted for filing. (Corrected brief submitted)
Mar 31 2021 | Brief amici curiae of Campaign Legal Center, et al. filed. VIDED. (April 17, 2021). (Distributed)
Apr 05 2021 | Motion of petitioners for divided argument is DENIED; motion of petitioners for enlargement of time for oral argument is GRANTED, and the time is allotted as follows: 30 minutes for petitioners, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
Apr 05 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 16 2021 | Reply of petitioner Americans for Prosperity Foundation filed (in 19-251). (Distributed)
Apr 17 2021 | Motion to file the reply brief out of time filed by petitioner Thomas More Law Center (in 19-255). (Distributed)
Apr 24 2021 | Motion of Thomas More Law Center to file a reply brief out of time GRANTED.
Apr 26 2021 | Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. For respondent: Aimee A. Feinberg, Deputy Solicitor General, Sacramento, Cal. VIDED.
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QUESTION PRESENTED:
Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
DateProceedings and Orders (key to color coding)
Sep 30 2020 | Petition for a writ of certiorari filed. (Response due November 5, 2020)
Oct 14 2020 | Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
Nov 05 2020 | Brief of respondents Hologic, Inc., et al. in opposition filed.
Nov 05 2020 | Brief amici curiae of Intellectual Property Professors filed.
Nov 05 2020 | Brief amicus curiae of Engine Advocacy filed.
Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020.
Nov 24 2020 | Rescheduled.
Nov 24 2020 | Reply of petitioner Minerva Surgical, Inc. filed.
Dec 09 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021 | Petition GRANTED.
Feb 22 2021 | Brief of petitioner Minerva Surgical, Inc. filed.
Feb 22 2021 | Joint appendix volumes 1 and 2 with supplemental appendix filed. (Statement of costs filed)
Feb 22 2021 | Blanket Consent filed by Petitioner, Minerva Surgical, Inc.
Feb 25 2021 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Feb 26 2021 | Brief amicus curiae of Engine Advocacy filed.
Mar 01 2021 | Brief amici curiae of Intellectual Property Law Professors filed.
Mar 01 2021 | Brief amicus curiae of Intellectual Property Owners Association filed in support of neither party.
Mar 01 2021 | Brief amicus curiae of American Intellectual Property Law Association filed in support of neither party.
Mar 01 2021 | Brief amicus curiae of United States in support of neither party filed.
Mar 01 2021 | Brief amicus curiae of New York City Bar Association in support of neither party filed.
Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 21, 2021.
Mar 15 2021 | Record requested.
Mar 24 2021 | Brief of respondents Hologic, Inc., et al. filed.
Mar 26 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of United Therapeutics Corp. filed. (Distributed)
Mar 31 2021 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Mar 31 2021 | Brief amici curiae of Leading Technology Composites, Inc. and Clarkwestern Dietrich Building Systems LLC filed. (Distributed)
Apr 05 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 07 2021 | Reply of petitioner Minerva Surgical, Inc. filed. (Distributed)
Apr 21 2021 | Argued. For petitioner: Robert N. Hochman, Chicago, Ill. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Matthew M. Wolf, Washington, D. C.
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QUESTION PRESENTED:
Whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
DateProceedings and Orders (key to color coding)
Sep 10 2020 | Petition for a writ of certiorari filed. (Response due October 14, 2020)
Sep 28 2020 | Waiver of right of respondents Site59.com L.L.C. and Travelocity.com L.P. (n/k/a TVL LP) to respond filed.
Sep 28 2020 | Waiver of right of respondents Travelweb, LLC, et al. to respond filed.
Sep 29 2020 | Waiver of right of respondents Expedia, Inc., et al. to respond filed.
Oct 21 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 02 2020 | Response Requested. (Due December 2, 2020)
Dec 02 2020 | Brief of respondents Hotels.com L.P., et al. in opposition filed.
Dec 16 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 16 2020 | Reply of petitioner City of San Antonio, Texas, on behalf of itself and all other similarly situated Texas municipalities filed. (Distributed)
Jan 08 2021 | Petition GRANTED.
Feb 18 2021 | Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Feb 18 2021 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted and the time is extended to and including February 24, 2021.
Feb 24 2021 | Brief of petitioner City of San Antonio, Texas, on behalf of itself and all other similarly situated Texas municipalities filed.
Feb 24 2021 | Joint appendix filed. (Statement of costs filed)
Mar 03 2021 | Brief amicus curiae of United States filed.
Mar 03 2021 | Brief amici curiae of National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association filed.
Mar 12 2021 | SET FOR ARGUMENT on Wednesday, April 21, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Mar 26 2021 | Brief of respondents Expedia, Inc., Hotels.com, L.P., Hotwire, Inc., Orbitz, LLC, Trip Network, Inc., Internetwork Publishing Corp., Travelnow.com, Inc. filed. (Distributed)
Mar 29 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 30 2021 | CIRCULATED
Apr 05 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Apr 09 2021 | Reply of petitioner City of San Antonio, Texas, on behalf of itself and all other similarly situated Texas municipalities filed. (Distributed)
Apr 21 2021 | Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondents: David B. Salmons, Washington, D. C.
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QUESTION PRESENTED:
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 6, 2020)
Oct 13 2020 | Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Oct 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020 | Brief of respondent Michael Andrew Gary in opposition filed.
Dec 08 2020 | Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 12 2021 | Motion to appoint counsel filed by respondent Michael Andrew Gary.
Jan 20 2021 | Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021 | Brief of petitioner United States filed.
Feb 16 2021 | Joint appendix filed.
Feb 16 2021 | Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Blanket Consent filed by Respondent, Michael Andrew Gary
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021 | Record requested.
Mar 17 2021 | Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021 | Brief of respondent Michael Andrew Gary filed.
Mar 25 2021 | The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
Mar 25 2021 | Brief amicus curiae of Stuart Banner filed.
Mar 25 2021 | Brief amicus curiae of National Association of Federal Defenders filed.
Mar 25 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 25 2021 | Brief amici curiae of Former United States District Court Judges filed.
Mar 25 2021 | Brief amicus curiae of Cato Institute filed.
Mar 29 2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021 | CIRCULATED
Apr 09 2021 | Reply of petitioner United States filed. (Distributed)
Apr 20 2021 | Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
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QUESTION PRESENTED:
Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or public reputation of the trial.
DateProceedings and Orders (key to color coding)
Jun 08 2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)
Jun 17 2020 | Waiver of right of respondent United States of America to respond filed.
Jun 25 2020 | DISTRIBUTED for Conference of 9/29/2020.
Aug 10 2020 | Response Requested. (Due September 9, 2020)
Aug 28 2020 | Motion to extend the time to file a response from September 9, 2020 to October 9, 2020, submitted to The Clerk.
Aug 31 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020.
Oct 09 2020 | Brief of respondent United States of America filed.
Dec 03 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 04 2020 | Rescheduled.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 06 2021 | Reply of petitioner Gregory Greer filed. (Distributed)
Jan 08 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 22 2021 | Joint appendix filed. (Statement of costs filed)
Feb 22 2021 | Brief of petitioner Gregory Greer filed.
Feb 22 2021 | Motion file Volume II of the joint appendix under seal filed by petitioner Gregory Greer.
Mar 01 2021 | Blanket Consent filed by Petitioner, Gregory Greer
Mar 01 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 19 2021 | Record from the U.S.D.C. Middle District of Florida Jacksonville Division has been electronically received and filed.
Mar 24 2021 | Brief of respondent United States of America filed.
Mar 29 2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021 | CIRCULATED
Apr 09 2021 | Reply of petitioner Gregory Greer filed. (Distributed)
Apr 20 2021 | Argued. For petitioner: M. Allison Guagliardo, Assistant Federal Defender, Tampa, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C..
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QUESTION PRESENTED:
Whether, under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
DateProceedings and Orders
Sep 08 2020 | Petition for a writ of certiorari filed. (Response due October 13, 2020)
Sep 08 2020 | Corrected appendix to the petition (submitted February 18, 2021).
Sep 11 2020 | Motion to extend the time to file a response from October 13, 2020 to November 12, 2020, submitted to The Clerk.
Sep 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2020.
Oct 26 2020 | Motion to extend the time to file a response from November 12, 2020 to December 9, 2020, submitted to The Clerk.
Oct 28 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2020.
Dec 09 2020 | Brief for the Respondents filed.
Dec 11 2020 | Waiver of the 14-day waiting period under 15.5 filed by petitioner.
Dec 16 2020 | DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021 | Petition GRANTED.
Feb 05 2021 | Blanket Consent filed by Petitioner, Jose Santos Sanchez, et al.
Feb 05 2021 | Motion to dispense with printing the joint appendix filed by petitioners Jose Santos Sanchez, et al.
Feb 22 2021 | Brief of petitioners Jose Santos Sanchez, et al. filed.
Mar 01 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Mar 01 2021 | Brief amici curiae of Members of Congress filed.
Mar 01 2021 | Brief amicus curiae of Oxfam America filed.
Mar 01 2021 | Brief amici curiae of Immigration Law Professors filed.
Mar 01 2021 | Brief amici curiae of Human Rights Watch and Alianza Americas filed.
Mar 01 2021 | Brief amici curiae of District of Columbia, et al. filed.
Mar 01 2021 | Brief amici curiae of Professors Alan Morrison and Brian Wolfman filed.
Mar 01 2021 | Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Mar 01 2021 | Brief amici curiae of National Immigration Litigation Alliance, American Civil Liberties Union, and Northwest Immigrant Rights Project filed.
Mar 01 2021 | Brief amicus curiae of Harvard TPS Coalition filed.
Mar 01 2021 | Brief amici curiae of 22 Cities and Counties filed.
Mar 01 2021 | Amicus brief of Service Employees International Union, et al. not accepted for filing. (March 03, 2021 - certificate of compliance to be corrected).
Mar 01 2021 | Brief amici curiae of Service Employees International Union and Other Labor Unions filed. (March 23, 2021)
Mar 10 2021 | Corrected certificate of service for amicus curiae Harvard TPS Coalition filed.
Mar 12 2021 | SET FOR ARGUMENT on Monday, April 19, 2021.
Mar 15 2021 | Record requested.
Mar 15 2021 | Record received from the U.S.D.C. 3rd Circuit is electronic and located on Pacer, with the exception of confidential documents that been electronically filed.
Mar 24 2021 | Brief of respondents Alejandro N. Mayorkas, Secretary of Homeland Security, et al. filed.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Apr 09 2021 | Reply of petitioner Jose Santos Sanchez, et ux. filed. (Distributed)
Apr 19 2021 | Argued. For petitioners: Amy M. Saharia, Washington, D. C. For respondents: Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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QUESTION PRESENTED:
Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the Coronavirus Aid, Relief, and Economic Security Act.
Date Proceedings and Orders
Oct 23 2020 | Petition for a writ of certiorari filed. (Response due November 25, 2020)
Nov 04 2020 | Brief amicus curiae of State of Alaska filed. VIDED.
Nov 13 2020 | Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
Nov 16 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020, for all respondents.
Nov 18 2020 | Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. VIDED.
Nov 23 2020 | Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
Dec 16 2020 | Brief of respondents Confederated Tribes of the Chehalis Reservation, et al., et al. in opposition filed. VIDED.
Dec 16 2020 | Brief of respondents Cheyenne River Sioux Tribe, et al. in opposition filed. VIDED.
Dec 16 2020 | Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation in opposition filed. VIDED. (Distributed)
Dec 18 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 28 2020 | Reply of petitioner Steven T. Mnuchin, Secretary of the Treasury filed. (Distributed)
Jan 08 2021 | Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
Jan 08 2021 | Petition GRANTED. The petition for a writ of certiorari in No. 20-544 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 08 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-543. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-543. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Feb 22 2021 | Brief of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
Feb 22 2021 | Joint appendix filed. VIDED.
Feb 22 2021 | Brief of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (in No. 20-544)
Feb 26 2021 | Brief amicus curiae of State of Alaska filed. VIDED.
Feb 26 2021 | Brief amici curiae of US Senators Lisa Murkowski, et al. filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Association of Alaska Housing Authorities filed. VIDED.
Mar 01 2021 | Brief amicus curiae of Cook Inlet Region, Inc. filed. VIDED.
Mar 12 2021 | SET FOR ARGUMENT on Monday, April 19, 2021. VIDED.
Mar 15 2021 | Record requested.
Mar 16 2021 | The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
Mar 16 2021 | The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
Mar 24 2021 | Brief of respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Mar 24 2021 | Brief of respondent Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED.
Mar 30 2021 | CIRCULATED
Mar 31 2021 | Brief amicus curiae of Representative Raúl M. Grijalva filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of Five Indian Tribes filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of States of Utah, et al. filed. VIDED. (Distributed)
Mar 31 2021 | Brief amici curiae of Professors and Historians filed. VIDED. (Distributed)
Mar 31 2021 | Motion for divided argument filed by petitioners Janet L. Yellen, Secretary of the Treasury. VIDED.
Mar 31 2021 | Motion for divided argument filed by respondent Ute Indian Tribe of the Uintah and Ouray Reservation. VIDED.
Apr 07 2021 | Response to motion of Ute Indian Tribe of the Uintah and Ouray Reservation from respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Apr 09 2021 | Reply of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED. (Distributed)
Apr 09 2021 | Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed (in No. 20-544). (Distributed)
Apr 15 2021 | Supplemental response of the Confederated Tribes of the Chehalis Reservation, et al. filed in support of the Ute Indian Tribe of the Uintah and Ouray Reservation motion for divided argument. VIDED.
Apr 16 2021 | Motion for divided argument filed by petitioner GRANTED. VIDED.
Apr 16 2021 | Motion for divided argument filed by Ute Indian Tribe of the Uintah and Ouray Reservation DENIED. VIDED.
Apr 19 2021 | Argued. For petitioner in 20-543: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioners in 20-544: Paul D. Clement, Washington, D. C. For respondents: Jeffrey S. Rasmussen, Louisville, Colo. VIDED.
Apr 20 2021 | Letter from counsel for Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Apr 22 2021 | Letter of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. VIDED.
Apr 23 2021 | Letter of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
Apr 23 2021 | Letter to the Clerk of the Court from the Ute Indian Tribe of the Uintah and Ouray Reservation of Ute Indian Tribe of the Uintah and Ouray Reservation not accepted for filing. (April 30, 2021)
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QUESTION PRESENTED:
Whether the U.S. Court of Appeals for the 9th Circuit erroneously held, in conflict with decisions of other circuits and general antitrust principles, that the National Collegiate Athletic Association eligibility rules regarding compensation of student-athletes violate federal antitrust law.
DateProceedings and Orders (key to color coding)
Oct 15 2020 | Petition for a writ of certiorari filed. (Response due November 18, 2020)
Nov 09 2020 | Brief of respondents Shawne Alston, et al. in opposition filed. VIDED.
Nov 13 2020 | Brief amicus curiae of Sam C. Ehrlich filed. VIDED.
Nov 18 2020 | Brief amici curiae of Antitrust Law And Business School Professors filed.
Nov 18 2020 | Brief amici curiae of Antitrust Economists filed. VIDED. (Distributed)
Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020.
Nov 24 2020 | Reply of petitioner National Collegiate Athletic Association filed. (Distributed)
Dec 16 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 20-520 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Dec 16 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-512. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-512. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 21 2020 | Motion to dispense with printing the joint appendix filed by petitioners National Collegiate Athletic Association. VIDED.
Jan 04 2021 | Blanket Consent filed by Petitioner, National Collegiate Athletic Association
Jan 08 2021 | Blanket Consent filed by Respondent, Shawne Alston, et al.
Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
Jan 27 2021 | Brief amicus curiae of Sam C. Ehrlich in support of neither party filed. VIDED.
Feb 01 2021 | SET FOR ARGUMENT on Wednesday, March 31, 2021. VIDED.
Feb 01 2021 | Brief of petitioner National Collegiate Athletic Association filed (in 20-512).
Feb 01 2021 | Brief of petitioners American Athletic Conference, et al. filed (in 20-520).
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. Part of the record is SEALED and has been electronically filed.
Feb 05 2021 | Blanket Consent filed by Petitioner, The Big Ten Conference, Inc.
Feb 05 2021 | Brief amicus curiae of National Federation Of State High School Associations filed (in 20-512).
Feb 08 2021 | Brief amici curiae of American Council on Education and Ten Other Higher Education Associations filed. VIDED.
Feb 08 2021 | Brief amicus curiae of Thomas B. Nachbar filed. VIDED
Feb 08 2021 | Brief amici curiae of Antitrust Law And Business School Professors filed. VIDED.
Feb 08 2021 | Brief amici curiae of Antitrust Economists filed. VIDED.
Feb 08 2021 | Brief amici curiae of Georgia, et al. filed. VIDED.
Feb 08 2021 | Brief amici curiae of Former Student-Athletes filed. VIDED.
Feb 18 2021 | Application (20A145) to extend the time to file the reply briefs on the merits from 2 p.m., March 19, 2021 to 2 p.m., March 21, 2021, submitted to Justice Kagan. VIDED.
Feb 22 2021 | CIRCULATED.
Feb 24 2021 | Application (20A145) denied by Justice Kagan. VIDED.
Mar 03 2021 | Brief of respondents Shawne Alston, et al. filed. VIDED (Distributed)
Mar 09 2021 | Brief amici curiae of 65 Professors of Law, Business, Economics, and Sports Management filed. VIDED. (Distributed)
Mar 10 2021 | Brief amicus curiae of the United States filed. VIDED. (Distributed)
Mar 10 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 10 2021 | Brief amicus curiae of Advocates for Minor Leaguers filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Historians filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Sports Economists filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Former NCAA Executives filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of African American Antitrust Lawyers filed. VIDED. (Distributed)
Mar 10 2021 | Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Dr. Ellen J. Staurowsky, Dr. Eddie Comeaux, et al. filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Arizona, et al. filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of O'Bannon Plaintiff Class Representatives filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Players Associations of the National Football League, et al. filed. VIDED. (Distributed)
Mar 10 2021 | Brief amici curiae of Open Markets Institute, et al. filed. VIDED. (Distributed)
Mar 10 2021 | Brief amicus curiae of The Committee to Support the Antitrust Laws filed. VIDED. (Distributed)
Mar 19 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
Mar 19 2021 | Reply of petitioner National Collegiate Athletic Association filed (in 20-512). (Distributed)
Mar 19 2021 | Reply of petitioner The Big Ten Conference, Inc. filed (in 20-520). (Distributed)
Mar 31 2021 | Argued. For petitioners: Seth P. Waxman, Washington, D. C. For respondents: Jeffrey L. Kessler, New York, N. Y.; and Elizabeth B. Prelogar, Acting Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
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QUESTION PRESENTED:
Whether either Article III or Federal Rule of Civil Procedure 23 permits a damages class action when the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.
DateProceedings and Orders (key to color coding)
Sep 02 2020 | Petition for a writ of certiorari filed. (Response due October 8, 2020)
Sep 30 2020 | Motion to extend the time to file a response from October 8, 2020 to November 6, 2020, submitted to The Clerk.
Oct 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including November 6, 2020.
Oct 08 2020 | Brief amicus curiae of Consumer Data Industry Association filed.
Oct 08 2020 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Nov 06 2020 | Brief of respondent Sergio L. Ramirez in opposition filed.
Nov 24 2020 | DISTRIBUTED for Conference of 12/11/2020.
Nov 24 2020 | Reply of petitioner TransUnion LLC filed. (Distributed)
Dec 16 2020 | Petition GRANTED limited to Question 1 presented by the petition.
Dec 23 2020 | Blanket Consent filed by Respondent, Sergio L. Ramirez
Dec 23 2020 | Blanket Consent filed by Petitioner, TransUnion LLC
Feb 01 2021 | SET FOR ARGUMENT on Tuesday, March 30, 2021.
Feb 01 2021 | Brief of petitioner TransUnion LLC filed.
Feb 01 2021 | Joint appendix (Volumes I, II, & III) filed.
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 08 2021 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Feb 08 2021 | Brief amicus curiae of Consumer Data Industry Association filed.
Feb 08 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Feb 08 2021 | Brief amici curiae of eBay Inc., et al. filed.
Feb 08 2021 | Brief amici curiae of The Home Depot, Inc. et al. filed.
Feb 08 2021 | Brief amici curiae of National Association of Manufacturers, et al. filed.
Feb 08 2021 | Brief amicus curiae of Professional Background Screening Association filed.
Feb 08 2021 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Feb 08 2021 | Brief amicus curiae of National Consumer Reporting Association, Inc. filed.
Feb 08 2021 | Brief amicus curiae of The Product Liability Advisory Council, Inc. filed.
Feb 08 2021 | Brief amicus curiae of ACA International filed.
Feb 08 2021 | Brief amicus curiae of the United States in support of neither party filed.
Feb 22 2021 | CIRCULATED.
Mar 03 2021 | Brief of Sergio L. Ramirez not accepted for filing. (March 05, 2021)(Dupilicate submission)
Mar 03 2021 | Brief of respondent Sergio L. Ramirez filed. (Distributed)
Mar 05 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 08 2021 | Brief amicus curiae of Electronic Privacy Information Center filed. (Distributed)
Mar 09 2021 | Brief amicus curiae of Public Justice filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of National Association of Consumer Advocates filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of American Association for Justice filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Mar 10 2021 | Brief amici curiae of Legal Scholars filed. (Distributed)
Mar 10 2021 | Brief amici curiae of Complex Litigation Law Professors filed. (Distributed)
Mar 10 2021 | Brief amici curiae of Impact Fund, NAACP Legal Defense & Educational Fund, Inc., and 24 Civil Rights Organizations filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed. (Distributed)
Mar 10 2021 | Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
Mar 10 2021 | Brief amici curiae of Public Citizen and Public Citizen Foundation filed. (Distributed)
Mar 10 2021 | Brief amicus curiae of The Committee to Support the Antitrust Laws filed. (Distributed)
Mar 10 2021 | Brief amici curiae of UC Berkeley Center for Consumer Law and Economic Justice, et al. filed. (Distributed)
Mar 19 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 19 2021 | Reply of petitioner TransUnion LLC filed. (Distributed)
Mar 30 2021 | Argued. For petitioner: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Samuel Issacharoff, New York, N. Y.
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QUESTION PRESENTED:
1) Whether a defendant in a securities class action may rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the security, even though that evidence is also relevant to the substantive element of materiality; and
(2) whether a defendant seeking to rebut the Basic presumption has only a burden of production or also the ultimate burden of persuasion.
DateProceedings and Orders (key to color coding)
Aug 21 2020 | Petition for a writ of certiorari filed. (Response due September 24, 2020)
Aug 25 2020 | Blanket Consent filed by Petitioner, Goldman Sachs Group, Inc., et al.
Sep 08 2020 | Motion to extend the time to file a response from September 24, 2020 to October 23, 2020, submitted to The Clerk.
Sep 08 2020 | Blanket Consent filed by Respondent, Arkansas Teacher Retirement System, et al.
Sep 09 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2020.
Sep 24 2020 | Brief amicus curiae of Washington Legal Foundation filed.
Sep 24 2020 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Sep 24 2020 | Brief amici curiae of Former SEC Officials and Law Professors filed.
Sep 24 2020 | Brief amicus curiae of The Society for Corporate Governance filed.
Sep 24 2020 | Brief amici curiae of Securities and Financial Markets Association, et al. filed.
Sep 24 2020 | Brief amici curiae of Financial Economists filed.
Oct 21 2020 | Brief of respondents Arkansas Teacher Retirement System, et al. in opposition filed.
Oct 21 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 4, 2020 to November 17, 2020, submitted to The Clerk.
Oct 26 2020 | Motion to delay distribution of the petition for a writ certiorari until November 17, 2020 granted.
Nov 17 2020 | DISTRIBUTED for Conference of 12/4/2020.
Nov 17 2020 | Reply of petitioners Goldman Sachs Group, Inc., et al. filed. (Distributed)
Dec 07 2020 | DISTRIBUTED for Conference of 12/11/2020.
Dec 11 2020 | Petition GRANTED.
Jan 14 2021 | Blanket Consent filed by Respondent, Arkansas Teacher Retirement System, et al.
Jan 14 2021 | Blanket Consent filed by Petitioner, Goldman Sachs Group, Inc., et al.
Jan 25 2021 | Brief of petitioners Goldman Sachs Group, Inc., et al. filed.
Jan 25 2021 | Joint appendix (2 volumes & 1 supplemental) filed. (Statement of costs filed)
Feb 01 2021 | SET FOR ARGUMENT on Monday, March 29, 2021.
Feb 01 2021 | Brief amicus curiae of United States support of neither party filed.
Feb 01 2021 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Feb 01 2021 | Brief amici curiae of American International Group, Inc. et al. filed.
Feb 01 2021 | Brief amici curiae of Financial Economists filed.
Feb 01 2021 | Brief amicus curiae of Washington Legal Foundation filed.
Feb 01 2021 | Brief amici curiae of Securities and Financial Markets Association, et al. filed.
Feb 01 2021 | Brief amici curiae of Former SEC Officials and Law Professors filed.
Feb 01 2021 | Brief amicus curiae of The Society for Corporate Governance filed.
Feb 04 2021 | Record requested from the U.S.C.A. 2nd Circuit.
Feb 11 2021 | Record from the U.S.C.A. 2nd Circuit, along with SEALED material been electronically filed.
Feb 11 2021 | Record from the U.S.D.C. Southern District of New York is electronic and located on Pacer, with the exception of 1 Box of Sealed records.
Feb 22 2021 | CIRCULATED.
Feb 24 2021 | Brief of respondents Arkansas Teacher Retirement System, et al. filed. (Distributed)
Feb 26 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 03 2021 | Brief amicus curiae of Better Markets, Inc. filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Former SEC Officials filed. (Distributed)
Mar 03 2021 | Brief amicus curiae of The North American Securities Administrators Association, Inc. filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Financial Economists filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Evidence Law Professors filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Institutional Investors filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Professors of Securities Law and Complex Litigation filed. (Distributed)
Mar 03 2021 | Brief amici curiae of State of New Mexico et al. filed. (Distributed)
Mar 03 2021 | Brief amici curiae of Public Citizen and Public Citizen Foundation filed. (Distributed)
Mar 03 2021 | Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed. (Distributed)
Mar 08 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 19 2021 | Reply of petitioners Goldman Sachs Group, Inc., et al. filed. (Distributed)
Mar 29 2021 | Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C. For United States, as amicus curiae: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Thomas C. Goldstein, Bethesda, Md.
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QUESTION PRESENTED:
Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.
DateProceedings and Orders (key to color coding)
Aug 10 2020 | Petition for a writ of certiorari filed. (Response due September 14, 2020)
Sep 02 2020 | Motion to extend the time to file a response from September 14, 2020 to October 14, 2020, submitted to The Clerk.
Sep 03 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2020.
Oct 14 2020 | Brief of respondents Robert Strom, et al. in opposition filed.
Oct 27 2020 | Reply of petitioner Edward A. Caniglia filed. (Distributed)
Oct 27 2020 | Supplemental brief of respondents Robert Strom, et al. filed. (Distributed)
Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020.
Nov 20 2020 | Petition GRANTED.
Dec 02 2020 | Motion for an extension of time to file the briefs on the merits filed.
Dec 08 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 8, 20201. The time to file respondents' brief on the merits is extended to and including February 11, 2021.
Dec 16 2020 | Blanket Consent filed by Respondent, Robert Strom, et al.
Jan 08 2021 | Brief of petitioner Edward A. Caniglia filed.
Jan 08 2021 | Joint appendix filed. (Statement of costs filed)
Jan 13 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Jan 14 2021 | Brief amicus curiae of Second Amendment Foundation filed.
Jan 14 2021 | Amicus brief of American Association of Suicidology not accepted for filing. (January 28, 2021)
Jan 15 2021 | Brief amici curiae of Gun Owners of America, Inc., Gun Owners Foundation, The Heller Foundation, and Conservative Legal Defense and Education Fund filed.
Jan 15 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Jan 15 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jan 15 2021 | Brief amicus curiae of The Rutherford Institute filed.
Jan 15 2021 | Brief amici curiae of Second Amendment Law Center, Inc., California Rifle and Pistol Association, Gun Owners of California filed.
Jan 15 2021 | Brief amicus curiae of Institute for Justice filed.
Jan 15 2021 | Brief amici curiae of American Civil Liberties Union et al. filed.
Jan 15 2021 | Brief amici curiae of Firearms Policy Coalition, et al. filed.
Jan 15 2021 | Brief amici curiae of Project for Privacy and Surveillance Accountability and Restore the Fourth Inc. filed.
Jan 15 2021 | Brief amicus curiae of American Association of Suicidology filed.
Feb 01 2021 | SET FOR ARGUMENT on Wednesday, March 24, 2021.
Feb 04 2021 | Record requested from the U.S.C.A. 1st Circuit.
Feb 11 2021 | Brief of respondents Robert Strom, et al. filed.
Feb 17 2021 | Amicus brief of The National Association of Counties, et al. not accepted for filing. (Dupilicate submission - February 25, 2021)
Feb 17 2021 | Brief amici curiae of The National Association of Counties, et al. filed. (Distributed)
Feb 18 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 18 2021 | Brief amicus curiae of United States filed.
Feb 18 2021 | Brief amici curiae of Iowa, et al. filed. (Distributed)
Feb 22 2021 | CIRCULATED.
Mar 08 2021 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 12 2021 | Reply of petitioner Edward A. Caniglia filed. (Distributed)
Mar 24 2021 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondents: Marc DeSisto, Providence, R. I.; and Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
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QUESTION PRESENTED:
Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.
DateProceedings and Orders (key to color coding)
Jun 19 2020 | Petition for a writ of certiorari filed. (Response due July 24, 2020)
Jul 10 2020 | Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk.
Jul 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
Jul 24 2020 | Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed.
Jul 24 2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Aug 21 2020 | Waiver of right of respondent Joshua James Cooley to respond filed.
Aug 26 2020 | DISTRIBUTED for Conference of 9/29/2020.
Sep 15 2020 | Response Requested. (Due October 15, 2020)
Oct 15 2020 | Brief of respondent Joshua James Cooley in opposition filed.
Oct 15 2020 | Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley.
Oct 22 2020 | Waiver of the 14-day waiting period under Rule 15.5 filed.
Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020.
Oct 28 2020 | Reply of petitioner United States filed. (Distributed)
Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020.
Nov 20 2020 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 20 2020 | Petition GRANTED.
Dec 18 2020 | Motion for an extension of time to file the briefs on the merits filed.
Dec 31 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021.
Jan 04 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 08 2021 | Brief of petitioner United States filed.
Jan 14 2021 | Brief amici curiae of Lower Brule Sioux Tribe, et al. filed.
Jan 14 2021 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
Jan 15 2021 | Brief amicus curiae of Indian Law Scholars and Professors filed.
Jan 15 2021 | Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed.
Jan 15 2021 | Brief amici curiae of Current and Former Members of Congress filed.
Jan 15 2021 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Jan 15 2021 | Brief amici curiae of Cayuga Nation, et al. filed.
Jan 15 2021 | Brief amici curiae of Former United States Attorneys filed.
Jan 19 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 01 2021 | SET FOR ARGUMENT on Tuesday, March 23, 2021.
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 12 2021 | Brief of respondent Joshua James Cooley filed.
Feb 19 2021 | Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed)
Feb 19 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Feb 19 2021 | Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021)
Feb 19 2021 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)
Feb 22 2021 | CIRCULATED.
Mar 10 2021 | Motion to appoint counsel filed by respondent Joshua James Cooley.
Mar 12 2021 | Reply of petitioner United States filed. (Distributed)
Mar 15 2021 | Motion DISTRIBUTED for Conference of 3/19/2021.
Mar 19 2021 | Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case.
Mar 23 2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.)
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QUESTION PRESENTED:
Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
DateProceedings and Orders (key to color coding)
Jul 29 2020 | Petition for a writ of certiorari filed. (Response due September 2, 2020)
Aug 06 2020 | Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
Aug 18 2020 | Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
Aug 19 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
Aug 27 2020 | Brief amicus curiae of California Farm Bureau Federation filed.
Aug 31 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Sep 02 2020 | Brief amici curiae of State of Oklahoma, et al. filed.
Sep 02 2020 | Brief amici curiae of The Cato Institute filed.
Sep 02 2020 | Brief amicus curiae of American Farm Bureau Federation filed.
Sep 02 2020 | Brief amicus curiae of Institute for Justice filed.
Sep 02 2020 | Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 02 2020 | Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 02 2020 | Brief of respondents Victoria Hassid, et al. in opposition filed.
Oct 15 2020 | Reply of petitioners Cedar Point Nursery, et al. filed.
Oct 21 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 13 2020 | Petition GRANTED.
Nov 24 2020 | Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
Dec 02 2020 | Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
Dec 07 2020 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 28 2020 | Motion for an extension of time filed.
Dec 28 2020 | 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.
Dec 30 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Dec 31 2020 | Brief of petitioners Cedar Point Nursery, et al. filed.
Dec 31 2020 | Brief amici curiae of The Cato Institute, et al. filed.
Jan 05 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Jan 06 2021 | Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
Jan 06 2021 | Brief amicus curiae of New England Legal Foundation filed.
Jan 06 2021 | Brief amicus curiae of California Farm Bureau Federation filed.
Jan 06 2021 | 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.
Jan 06 2021 | Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
Jan 06 2021 | Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 07 2021 | Brief amicus curiae of Institute for Justice filed.
Jan 07 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 07 2021 | Brief amicus curiae of United States filed.
Jan 07 2021 | Brief amicus curiae of The Buckeye Institute filed.
Jan 07 2021 | Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
Jan 07 2021 | Brief amici curiae of State of Oklahoma, et al. filed.
Jan 07 2021 | Brief amicus curiae of American Farm Bureau Federation filed.
Jan 07 2021 | Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 07 2021 | Brief amicus curiae of Liberty Justice Center filed.
Jan 21 2021 | Motion for an extension of time filed by responents.
Jan 22 2021 | 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.
Feb 01 2021 | SET FOR ARGUMENT on Monday, March 22, 2021.
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 05 2021 | Brief of respondents Victoria Hassid, et al. filed.
Feb 10 2021 | Brief amici curiae of National Employment Law Project, et al. filed.
Feb 11 2021 | Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
Feb 11 2021 | Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
Feb 11 2021 | Brief amici curiae of Property Law Professors filed.
Feb 11 2021 | Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
Feb 12 2021 | 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)
Feb 12 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 12 2021 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Feb 12 2021 | Brief amici curiae of Legal Historians filed.
Feb 12 2021 | Brief amicus curiae of Service Employees International Union filed.
Feb 12 2021 | Brief amicus curiae of United Farm Workers of America filed.
Feb 12 2021 | Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
Feb 12 2021 | Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
Feb 12 2021 | Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
Feb 12 2021 | Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
Feb 12 2021 | Brief amici curiae of Commonwealth of Virginia, et al. filed.
Feb 12 2021 | Brief amici curiae of Local Governments filed.
Feb 22 2021 | CIRCULATED.
Mar 05 2021 | Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
Mar 22 2021 | Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
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Consolidated with:
- Davis v. Saul
Issue: Whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings.
DateProceedings and Orders (key to color coding)Jun 29 2020 | Petition for a writ of certiorari filed. (Response due July 31, 2020)
Jun 29 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jul 29 2020 | Motion to extend the time to file a response from July 31, 2020 to August 31, 2020, submitted to The Clerk.
Jul 30 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
Aug 24 2020 | Motion to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
Aug 25 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including September 30, 2020.
Sep 29 2020 | Brief of respondent Saul, Andrew M. filed.
Oct 14 2020 | DISTRIBUTED for Conference of 10/30/2020.
Oct 14 2020 | Reply of petitioners Willie Earl Carr, et al. filed.
Nov 02 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 20-105 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Nov 09 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1442. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1442. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 09 2020 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Dec 09 2020 | Blanket Consent filed by Petitioner, John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman
Dec 09 2020 | Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105.
Dec 11 2020 | Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442.
Dec 18 2020 | Brief amici curiae of Conference of Social Security Administrative Law Judges in support of neither party filed.
Dec 28 2020 | Brief of petitioners John J. Davis, Thomas Hilliard, Kimberly L. Iwan, Destiny M. Thurman (in 20-105) filed.
Dec 28 2020 | Brief of petitioners Willie Earl Carr, et al. filed.
Dec 30 2020 | Brief amicus curiae of Institute for Justice filed. VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Wednesday, March 3, 2021. VIDED.
Dec 31 2020 | Brief amici curiae of Social Security, Government Benefit Program and Administrative Law Professors and Scholars filed. VIDED.
Dec 31 2020 | Brief amici curiae of National Organization of Social Security Claimants' Representatives, et al. filed. VIDED.
Jan 04 2021 | Amicus brief of The New Civil Liberties Alliance & Cato Institute not accepted for filing. (January 05, 2021 - Corrected version to be submitted).
Jan 04 2021 | Brief amicus curiae of National Association of Disability Representatives filed.VIDED
Jan 04 2021 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners in No. 19-1442 GRANTED.
Jan 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners in No. 20-105 GRANTED.
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Consolidated with:
- Arizona Republican Party v. Democratic National Committee
Issues: (1) Whether Arizona’s out-of-precinct policy, which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, violates Section 2 of the Voting Rights Act; and (2) whether Arizona’s ballot-collection law, which permits only certain persons (i.e., family and household members, caregivers, mail carriers and elections officials) to handle another person’s completed early ballot, violates Section 2 of the Voting Rights Act or the 15th Amendment.
DateProceedings and Orders (key to color coding)Apr 27 2020 | Petition for a writ of certiorari filed. (Response due June 1, 2020)
Apr 30 2020 | Blanket Consent filed by Petitioner, Mark Brnovich, et al.
May 20 2020 | Motion of respondent Katie Hobbs, Arizona Secretary of State to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.
May 20 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.
May 29 2020 | Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
May 29 2020 | Brief amici curiae of States of Ohio, et al. filed.
Jun 01 2020 | Brief amicus curiae of Republican State Leadership Committee filed.
Jun 01 2020 | Brief amici curiae of Election Integrity Project California and Arizona filed.
Jun 01 2020 | Brief amicus curiae of Helen Purcell filed.
Jun 01 2020 | Brief amici curiae of Pacific Legal Foundation, Center for Equal Opportunity, and Project 21 filed.
Jun 01 2020 | Brief amicus curiae of American Constitutional Union filed.
Jun 01 2020 | Brief amici curiae of Kentucky Secretary of State Michael Adams, et al. filed.
Jun 01 2020 | Brief amici curiae of Elijah Haahr, et al. filed. VIDED.
Jun 01 2020 | Brief amicus curiae of Honest Elections Project filed.
Jun 01 2020 | Brief amicus curiae of Maricopa County filed.
Jun 01 2020 | Brief amici curiae of Public Interest Legal Foundation et al. filed.
Jun 01 2020 | Brief amici curiae of Governor Douglas A. Ducey, et al. filed. VIDED.
Jun 01 2020 | Brief amici curiae of United States Senators Ted Cruz, Marsha Blackburn, John Cornyn, Tom Cotton, James M. Inhofe, James Lankford, And Mike Lee filed. VIDED.
Jul 01 2020 | Brief of respondent Katie Hobbs, Arizona Secretary of State in opposition filed. VIDED.
Jul 01 2020 | Brief of respondents Democratic National Committee, et al. in opposition filed. VIDED.
Jul 02 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 15, 2020 to July 29, 2020, submitted to The Clerk.
Jul 02 2020 | Motion to delay distribution of the petition for a writ certiorari until July 29, 2020, granted.
Jul 28 2020 | Reply of petitioner Mark Brnovich, et al. filed. (Distributed)
Jul 29 2020 | DISTRIBUTED for Conference of 9/29/2020.
Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1258 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1257. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1257. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 26 2020 | Blanket Consent filed by Petitioner, Mark Brnovich, et al.
Oct 28 2020 | Blanket Consent filed by Petitioner, Arizona Republican Party, et al.
Nov 11 2020 | Blanket Consent filed by Respondent, Katie Hobbs, Arizona Secretary of State. VIDED.
Nov 13 2020 | Blanket Consent filed by Respondent, Democratic National Committee, et al. VIDED.
Nov 13 2020 | Motion for an extension of time to file the briefs on the merits filed. VIDED.
Nov 13 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including November 30, 2020. The time to file respondents' briefs on the merits is extended to and including January 13, 2021. VIDED.
Nov 30 2020 | Joint appendix filed. VIDED.
Nov 30 2020 | Brief of State Petitioners filed. VIDED.
Nov 30 2020 | Brief of Private Petitioners filed. VIDED.
Dec 03 2020 | Brief amici curiae of Election Integrity Project California, et al. filed. VIDED.
Dec 04 2020 | Brief amici curiae of Public Interest Legal Foundation, et al. filed.
Dec 04 2020 | Brief amici curiae of States of Ohio, Alabama, et al. filed. VIDED.
Dec 04 2020 | Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Dec 04 2020 | Brief amicus curiae of The Cato Institute filed. VIDED.
Dec 07 2020 | Brief amicus curiae of United States filed. VIDED.
Dec 07 2020 | Brief amicus curiae of American Constitutional Rights Union filed. VIDED
Dec 07 2020 | Brief amicus curiae of Liberty Justice Center filed. VIDED.
Dec 07 2020 | Brief amicus curiae of Professor Nicholas Stephanopoulos in support of neither party filed. VIDED.
Dec 07 2020 | Brief amicus curiae of Honest Elections Project filed. VIDED.
Dec 07 2020 | Brief amicus curiae of Republican Governors Public Policy Committee filed. VIDED.
Dec 07 2020 | Brief amicus curiae of Helen Purcell in Support of Petitioners filed. VIDED.
Dec 07 2020 | Brief amici curiae of Governor Douglas A. Ducey, President of the Arizona State Senate Karen Fann, and Speaker of the Arizona House of Representatives Russell Bowers filed. VIDED.
Dec 07 2020 | Brief amici curiae of Legislators Elijah Haahr, et al. in support of neither party filed. VIDED.
Dec 07 2020 | Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. VIDED.
Dec 07 2020 | Brief amici curiae of Senator Ted Cruz and Ten Other Members of the United States Senate filed. VIDED.
Dec 07 2020 | Brief amici curiae of Wisconsin Majority Leader Scott Fitzgerald and Speaker Robin Vos filed. VIDED
Dec 07 2020 | Brief amicus curiae of Governor Kristi Noem filed. VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Tuesday, March 2, 2021. VIDED.
Jan 06 2021 | Motion of Arizona Republican Party, et al. for divided argument submitted.
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Consolidated with:
- Smith & Nephew Inc. v. Arthrex Inc.
- Arthrex Inc. v. Smith & Nephew Inc.
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the respondents in this case.
Issues: (1) Whether, for purposes of the Constitution’s appointments clause, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the president with the Senate’s advice and consent, or “inferior Officers” whose appointment Congress has permissibly vested in a department head; and (2) whether, if administrative patent judges are principal officers, the court of appeals properly cured any appointments clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. § 7513(a) to those judges.
DateProceedings and Orders (key to color coding)Jun 25 2020 | Petition for a writ of certiorari filed. (Response due July 29, 2020)
Jul 20 2020 | Blanket Consent filed by Respondents, Smith & Nephew, Inc., et al.VIDED
Jul 20 2020 | Blanket Consent filed by Respondent, Arthrex, Inc.VIDED
Jul 20 2020 | Blanket Consent filed by Petitioner, United States VIDED
Jul 22 2020 | Blanket Consent filed by Respondent, Polaris Innovations Limited VIDED
Jul 23 2020 | Brief of respondents Smith & Nephew, Inc., et al. filed. VIDED
Jul 24 2020 | Response to petition from respondent Arthrex, Inc. filed. VIDED.
Jul 29 2020 | Brief amicus curiae of Askeladden L.L.C. filed.
Jul 29 2020 | Brief amicus curiae of The New York Intellectual Property Law Association filed. VIDED.
Aug 12 2020 | DISTRIBUTED for Conference of 9/29/2020.
Oct 05 2020 | DISTRIBUTED for Conference of 10/9/2020.
Oct 13 2020 | Petition GRANTED as to Federal Circuit case No. 2018-2140, and the petitions for writs of certiorari in Nos. 19-1452 and 19-1458 are granted, all limited to Questions 1 and 2 as set forth in the July 22, 2020 Memorandum for the United States. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 13 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1434. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1434. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Oct 21 2020 | Petitioners in Nos. 19-1434 and 19-1452 shall each file an opening brief, limited to 13,000 words, on or before Wednesday, November 25, 2020. Amicus curiae briefs in support of petitioners in Nos. 19-1434 or 19-1452, or in support of no party, shall be filed on or before Wednesday, December 2, 2020, and the briefs shall bear a light green cover. Petitioner in No. 19-1458 shall file a consolidated opening and response brief, limited to 17,000 words, on or before Wednesday, December 23, 2020. Amicus curiae briefs in support of petitioner in No. 19-1458 shall be filed on or before Wednesday, December 30, 2020, and the briefs shall bear a dark green cover. Petitioners in Nos. 19-1434 and 19-1452 shall each file a consolidated response and reply brief, limited to 14,500 words, on or before Friday, January 22, 2021. Petitioner in No. 19-1458 shall file a reply brief, limited to 6,000 words, pursuant to Rule 25.3 of the Rules of this Court. VIDED.
Oct 23 2020 | Motion to dispense with printing the joint appendix filed by the United States. VIDED.
Oct 28 2020 | Blanket Consent filed by Respondent, Smith & Nephew, Inc., et al.
Oct 29 2020 | Blanket Consent filed by Respondent, Arthrex, Inc.
Nov 03 2020 | Blanket Consent filed by Petitioner, United States
Nov 09 2020 | Motion to dispense with printing the joint appendix filed by the United States GRANTED. VIDED.
Nov 25 2020 | Opening brief of United States filed. VIDED.
Nov 25 2020 | Opening brief of Smith & Nephew, Inc., et al. filed. VIDED.
Dec 01 2020 | Brief amicus curiae of Professor John Harrison in support of neither partyfiled. VIDED.
Dec 01 2020 | Brief amici curiae of Acushnet Company and Roger Cleveland Golf Inc. filed. VIDED.
Dec 01 2020 | Brief amicus curiae of Professor Andrew Michaels in support of neither party filed. VIDED.
Dec 01 2020 | Brief amicus curiae of Coalition Against Patent Abuse in support of neither party filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Association for Accessible Medicines filed. VIDED.
Dec 02 2020 | Brief amici curiae of Cross-Industry Groups filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Unified Patents, LLC in support of neither party and of reversal filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Intel Corp. filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Askeladden L.L.C. filed. VIDED
Dec 02 2020 | Brief amici curiae of Engine Advocacy and Electronic Frontier Foundation filed. VIDED.
Dec 02 2020 | Brief amici curiae of Administrative, Constitutional & Intellectual Property Law Professors filed. VIDED.
Dec 02 2020 | Amicus brief of Administrative, Constitutional & Intellectual Property Law Professors not accepted for filing. (Dupilicate submission) (December 07, 2020)
Dec 02 2020 | Brief amicus curiae of The Intellectual Property Law Association of Chicago filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Apple Inc. in support of neither party filed. VIDED.
Dec 02 2020 | Brief amicus curiae of High Tech Inventors Alliance filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Niskanen Center filed. VIDED.
Dec 02 2020 | Brief amicus curiae of eComp Consultants filed. VIDED.
Dec 02 2020 | Brief amici curiae of Computer & Communications Industry Association, et al. filed. VIDED.
Dec 02 2020 | Brief amicus curiae of Jason V. Morgan filed (in 19-1434).
Dec 02 2020 | Brief amicus curiae of American Intellectual Property Law Association filed. VIDED.
Dec 23 2020 | Motion of the Acting Solicitor General for divided argument filed. VIDED.
Dec 23 2020 | Brief of respondent Arthrex, Inc. filed. VIDED.
Dec 29 2020 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Dec 29 2020 | Brief amici curiae of 39 AGGRIEVED INVENTORS filed. VIDED.
Dec 29 2020 | Brief amicus curiae of B.E. Technology, LLC filed. VIDED.
Dec 30 2020 | Brief amicus curiae of TiVo Corporation filed. VIDED.
Dec 30 2020 | Brief amicus curiae of U.S. Lumber Coalition filed. VIDED.
Dec 30 2020 | Brief amici curiae of Americans for Prosperity Foundation and TechFreedom ifiled. VIDED
Dec 30 2020 | Amicus brief of New Civil Liberties Alliance not accepted for filing. (January 04, 2021)(Corrected version submitted)
Dec 30 2020 | Brief amicus curiae of US Inventor, Inc. filed. VIDED.
Dec 30 2020 | Brief amicus curiae of Jeremy C. Doerre filed. VIDED.
Dec 30 2020 | Brief amici curiae of Cato Institute and Prof. Gregory Dolin filed. VIDED.
Dec 30 2020 | Brief amicus curiae of Fair Inventing Fund filed. VIDED.
Dec 30 2020 | Brief amicus curiae of Joshua J. Malone filed. VIDED.
Dec 30 2020 | Brief amicus curiae of New Civil Liberties Alliance filed. (Jan. 5, 20210 VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.
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Issue: Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant.
- February argument calendar includes immigration, voting-rights cases (Amy Howe)
- Justices take up Fourth Amendment case (Amy Howe)
- Relist Watch (John Elwood)
- Petitions of the week: Title VII for the military, Medicaid work requirements and more (Andrew Hamm)
DateProceedings and Orders (key to color coding)Jul 10 2020 | Petition for a writ of certiorari filed. (Response due August 13, 2020)
Jul 28 2020 | Motion to extend the time to file a response from August 13, 2020 to September 14, 2020, submitted to The Clerk.
Jul 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2020.
Aug 13 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice filed.
Sep 14 2020 | Brief of respondent State of California in opposition filed.
Sep 22 2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
Sep 23 2020 | DISTRIBUTED for Conference of 10/9/2020.
Sep 23 2020 | Reply of petitioner Arthur Gregory Lange filed. (Distributed)
Oct 13 2020 | DISTRIBUTED for Conference of 10/16/2020.
Oct 19 2020 | Petition GRANTED.
Oct 26 2020 | Amanda K. Rice, Esquire, of Ann Arbor, Michigan, is invited to brief and argue, as amicus curiae, in support of the judgment below.
Nov 05 2020 | Motion for an extension of time to file the briefs on the merits filed.
Nov 05 2020 | Motion to dispense with printing the joint appendix filed by petitioner Arthur Gregory Lange.
Nov 12 2020 | Motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits in support is extended to and including December 4, 2020. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including January 8, 2021.
Nov 23 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 04 2020 | Brief of petitioner Arthur Gregory Lange filed.
Dec 04 2020 | Brief of respondent State of California in support of vacatur filed.
Dec 10 2020 | Brief amicus curiae of Institute for Justice filed.
Dec 11 2020 | Brief amici curiae of DKT Liberty Project, et al. filed.
Dec 11 2020 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Dec 11 2020 | Brief amicus curiae of Constitutional Accountability Center filed.
Dec 11 2020 | Brief amici curiae of National Association of Criminal Defense Lawyers filed.
Dec 11 2020 | Brief amicus curiae of The Rutherford Institute filed.
Dec 11 2020 | Brief amici curiae of Gun Owners of America, Gun Owners Foundation, Gun Owners of California, DownsizeDC.org, Downsize DC Foundation, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee filed.
Dec 11 2020 | Brief amici curiae of States of Illinois et al. filed.
Dec 11 2020 | Brief amici curiae of Project for Privacy & Surveillance Accountability and Restore the Fourth, Inc. filed.
Dec 11 2020 | Brief amicus curiae of National College for DUI Defense filed.
Dec 17 2020 | Motion for divided argument filed by petitioner Arthur Gregory Lange.
Dec 31 2020 | SET FOR ARGUMENT on Wednesday, February 24, 2021.
Jan 08 2021 | Amicus brief of Court-appointed amicus curiae in support of the judgment below submitted.
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Issues: (1) Whether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding of removal.
DateProceedings and Orders (key to color coding)Jan 10 2020 | Application (19A781) to extend the time to file a petition for a writ of certiorari from January 20, 2020 to February 19, 2020, submitted to Justice Kagan.
Jan 10 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Jan 10 2020 | Application (19A781) granted by Justice Kagan extending the time to file until February 19, 2020.
Feb 07 2020 | Application (19A781) to extend further the time from February 19, 2020 to March 20, 2020, submitted to Justice Kagan.
Feb 07 2020 | Application (19A781) granted by Justice Kagan extending the time to file until March 20, 2020.
Mar 20 2020 | Petition for a writ of certiorari filed. (Response due April 20, 2020)
Apr 13 2020 | Motion to extend the time to file a response from April 20, 2020 to June 19, 2020, submitted to The Clerk.
Apr 16 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 19, 2020.
Apr 20 2020 | Brief amicus curiae of Immigration Reform Law Institute filed.
Jun 19 2020 | Brief of respondent Ming Dai in opposition filed.
Jul 08 2020 | DISTRIBUTED for Conference of 9/29/2020.
Jul 17 2020 | Reply of petitioner William P. Barr, Attorney General filed. (Distributed)
Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1156 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1155. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1155. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 16 2020 | Joint appendix filed. VIDED.
Nov 16 2020 | Brief of petitioner William P. Barr, Attorney General filed. VIDED.
Dec 01 2020 | Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.
Dec 03 2020 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including January 4, 2021. VIDED.
Dec 31 2020 | SET FOR ARGUMENT on Tuesday, February 23, 2021. VIDED.
Jan 04 2021 | Brief of respondent Cesar Alcaraz-Enriquez (No. 19-1156) filed.
Jan 04 2021 | Brief of respondent Ming Dai filed.
Jan 04 2021 | Joint motion for divided argument filed by respondents. VIDED.
Jan 11 2021 | Amicus brief of American Immigration Lawyers Association and National Immigrant Justice Center submitted.
Jan 11 2021 | Amicus brief of Refugee Advocacy Organizations submitted.
Jan 11 2021 | Amicus brief of Thirty-Five Former Immigration Judges and Members of the Board of Immigration Appeals submitted.
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QUESTION PRESENTED:
Whether Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region.
DateProceedings and Orders (key to color coding)
Sep 30 2013 | Documents filed with the Special Master may be found on the Special Master's website at https://www.ca10.uscourts.gov/special-master-142
Oct 01 2013 | Motion for leave to file a bill of complaint filed. (Response due December 2, 2013)
Oct 31 2013 | Order extending time to file response to the bill of complaint to and including January 31, 2014.
Jan 31 2014 | Opposition to motion for leave to file a complaint of respondent Georgia filed.
Feb 10 2014 | Reply in support of its motion for leave to file a complaint of Florida, Plaintiff filed.
Feb 12 2014 | DISTRIBUTED for Conference of February 28, 2014.
Mar 03 2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 18 2014 | Brief amicus curiae of United States filed.
Oct 08 2014 | DISTRIBUTED for Conference of October 31, 2014.
Oct 08 2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed)
Oct 09 2014 | Supplemental brief of respondent Georgia filed. (Distributed)
Oct 10 2014 | Supplemental brief of petitioner Florida, Plaintiff filed. (Distributed)
Nov 03 2014 | Motion for leave to file a bill of complaint GRANTED. Defendant is allowed 30 days within which to file an answer.
Nov 19 2014 | It is ordered that Ralph I. Lancaster, Esquire, of Portland, Maine, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The compensation of the Special Master, the allowances to him, the compensation paid to his legal, technical, stenographic, and clerical assistants, the cost of printing his Reports, and all other proper expenses, including travel expenses, shall be charged against and be borne by the parties in such proportion as the Court may hereafter direct.
Nov 24 2014 | Oath of Special Master filed.
Nov 25 2014 | Order extending time to file an answer granted to and including February 2, 2015.
Feb 12 2015 | Answer of Georgia filed with Special Master January 8, 2015, received by the Court February 12, 2015.
Apr 14 2015 | First Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Apr 28 2015 | DISTRIBUTED for Conference of May 14, 2015.
May 18 2015 | Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $47,635.01 for the period November 19, 2014, through March 31, 2015, to be paid equally by the parties.
Sep 10 2015 | Second Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Sep 23 2015 | DISTRIBUTED for Conference of October 9, 2015.
Oct 13 2015 | Motion of the Special Master for Allowance of Fees and Disbursements GRANTED The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $70, 245.52 for the period April 1, 2015, through August 31, 2015, to be paid equally by the parties.
Feb 10 2016 | Third Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Feb 24 2016 | DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $41,564.31 for the period September 1, 2015, through January 31, 2016, to be paid equally by the parties.
Sep 13 2016 | Fourth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Oct 17 2016 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $57,333, for the period February 1, 2016, through August 31, 2016, to be paid equally by the parties.
Jan 11 2017 | Fifth Interim Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Jan 25 2017 | DISTRIBUTED for Conference of February 17, 2017.
Feb 16 2017 | Report of the Special Master received.
Feb 21 2017 | The motion of the Special Master for allowance of fees and disbursements is granted, and the Special Master is awarded a total of $213,547.35 for the period September 1, 2016, through December 31, 2016, to be paid equally by the parties.
Mar 01 2017 | Special Master Report DISTRIBUTED for Conference of March 17, 2017.
Mar 01 2017 | Final Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master.
Mar 15 2017 | DISTRIBUTED for Conference of March 31, 2017.
Mar 20 2017 | The Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days.
Apr 03 2017 | Motion of the Special Master for Allowance of Fees and Disbursements filed by Special Master. GRANTED, and the Special Master is awarded a total of $50,933.89, for the period January 1, 2017, through February 28, 2017, to be paid equally by the parties.
Apr 07 2017 | Florida's April 6, 2017, request for an extension of time has been granted as follows: Exceptions to the Special Masters Report are due on or before May 31, 2017; Replies are due on or before July 31, 2017; Sur-replies are due on or before August 30, 2017.
May 31 2017 | Exceptions to Report of the Special Master and Brief in Support of Exceptions filed by Florida
Jul 31 2017 | Reply of Georgia to Florida's exceptions to the report of the Special Master filed.
Aug 07 2017 | Brief amicus curiae of United States in support of overruling Florida's exception 2C to the Report of the Special Master filed.
Aug 07 2017 | Brief amicus curiae of State of Colorado filed.
Aug 07 2017 | Brief amici curiae of Atlanta Regional Commission Dekalb County, et al., filed.
Aug 30 2017 | Florida's Sur-Reply in Support of Exceptions to Report of the Special Master filed.
Oct 10 2017 | The Exceptions to the Special Master Report are set for oral argument in due course.
Oct 18 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 06 2017 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 17 2017 | SET FOR ARGUMENT ON Monday, January 8, 2018
Jan 08 2018 | Argued. For plaintiff: Gregory G. Garre, Washington, D. C. For defendant: Craig S. Primis, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 27 2018 | Case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, and Sotomayor, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, Kagan, and Gorsuch, JJ., joined.
Aug 09 2018 | Ralph I. Lancaster, Esquire, of Portland, Maine, the Special Master in this case, is hereby discharged with the thanks of the Court. It is ordered that the Honorable Paul J. Kelly, Jr., of Santa Fe, New Mexico, is appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings, to direct subsequent proceedings, to summon witnesses, to issue subpoenas, and to take such evidence as may be introduced and such as he may deem it necessary to call for. The Special Master is directed to submit Reports as he may deem appropriate. The cost of printing his Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Sep 25 2018 | The August 9, 2018, Order in this case is amended to provide that the compensation of a legal assistant for the Special Master shall be charged against and borne by the parties in such proportion as the Court may hereafter direct. The cost of printing the Special Master’s Reports, and all other proper expenses, including travel expenses, shall be submitted to the Court.
Dec 05 2019 | Motion for allowance of fees and disbursements to the Special Master's assistant.
Dec 11 2019 | Second Report of the Special Master received.
Jan 08 2020 | DISTRIBUTED for Conference of 1/24/2020.
Jan 27 2020 | The Second Report of the Special Master is received and ordered filed. Exceptions to the Report, with supporting briefs, may be filed within 45 days. Replies, if any, with supporting briefs, may be filed within 30 days. Sur-replies, if any, with supporting briefs, may be filed within 30 days. The motion for allowance of fees and disbursements filed by the Special Master’s assistant is granted, and the Special Master’s assistant is awarded a total of $10,036.43, for the period November 6, 2018, through December 5, 2019, to be paid equally by the parties.
Feb 05 2020 | Motion to extend the time to file exceptions to the report of the Special Master submitted to The Clerk.
Feb 05 2020 | Florida's February 5, 2020, request for an extension of time has been granted as follows: Exceptions to the Special Master's Report are due on or before April 13, 2020; Replies are due on or before June 12, 2020; Sur-replies are due on or before July 13, 2020.
Apr 13 2020 | Exceptions to the Second Report of the Special Master by plaintiff Florida filed.
Apr 15 2020 | Motion for an extension of time to file amicus brief filed by National Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, and Apalachicola Riverkeeper.
Apr 19 2020 | The motion for an extension of time to file amicus brief is granted, and the time for the National Audibon Society, et. al to file an amicus brief is extended to May 4, 2020.
Apr 20 2020 | Brief amicus curiae of Franklin County Seafood Workers Association filed.
May 04 2020 | Letter from National Audubon Society, et al. filed.
May 21 2020 | Motion to extend the time to file a reply from June 12, 2020 to June 26, 2020, submitted to The Clerk.
May 27 2020 | Georgia's May 21, 2020, request for an extension of time has been granted as follows: Replies are due on or before June 26, 2020; Sur-replies are due on or before July 27, 2020.
Jun 26 2020 | Reply of defendant Georgia filed.
Jul 02 2020 | Brief amicus curiae of Atlanta Regional Commission, et al. filed.
Jul 06 2020 | Brief amicus curiae of United States filed.
Jul 27 2020 | Sur-Reply in Support of Exceptions to the Second Report of the Special Master by plaintiff Florida filed.
Oct 05 2020 | The Exceptions to the Second Report of the Special Master are set for oral argument in due course.
Dec 31 2020 | SET FOR ARGUMENT on Monday, February 22, 2021
Jan 22 2021 | CIRCULATED
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QUESTION PRESENTED:
Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.
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DateProceedings and Orders (key to color coding)
Mar 31 2020 | Petition for a writ of certiorari filed. (Response due April 30, 2020)
Apr 13 2020 | Blanket Consent filed by Petitioner, BP p.l.c., et al.
Apr 17 2020 | Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk.
Apr 21 2020 | Response to motion from petitioner BP p.l.c., et al. filed.
Apr 23 2020 | Reply in support of motion from respondent filed.
Apr 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
Apr 30 2020 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 30 2020 | Brief amici curiae of States of Indiana, et al. filed.
Apr 30 2020 | Brief amici curiae of The National Association of Manufacturers filed.
Apr 30 2020 | Brief amicus curiae of Energy Policy Advocates filed.
May 13 2020 | Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received.
Jun 29 2020 | Brief of respondent Mayor and City Council of Baltimore in opposition filed.
Jul 15 2020 | DISTRIBUTED for Conference of 9/29/2020.
Jul 15 2020 | Reply of petitioners BP p.l.c., et al. filed. (Distributed)
Jul 23 2020 | Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
Oct 02 2020 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Oct 07 2020 | Blanket Consent filed by Petitioner, BP p.l.c., et al.
Oct 22 2020 | Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
Nov 16 2020 | Joint appendix filed.
Nov 16 2020 | Brief of petitioners BP p.l.c., et al. filed.
Nov 18 2020 | Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20 2020 | Brief amicus curiae of DRI - Voice of the Defense Bar filed.
Nov 23 2020 | Brief amicus curiae of United States filed.
Nov 23 2020 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 23 2020 | Brief amicus curiae of Washington Legal Foundation filed.
Nov 23 2020 | Brief amici curiae of States of Indiana, Alaska, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Ohio, South Carolina, Texas, and Utah filed.
Nov 23 2020 | Brief amici curiae of Richard B. Myers and Michael G. Mullen filed.
Nov 23 2020 | Brief amicus curiae of American Petroleum Institute filed.
Nov 23 2020 | Brief amici curiae of The National Association of Manufacturers, et al. filed.
Nov 23 2020 | Brief amicus curiae of Energy Policy Advocates filed.
Nov 25 2020 | SET FOR ARGUMENT on Wednesday, January 19, 2021.
Dec 03 2020 | Record requested from the U.S.C.A. 4th Circuit.
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QUESTION PRESENTED:
Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.
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DateProceedings and Orders (key to color coding)
Feb 07 2020 | Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.
Feb 12 2020 | Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020.
Mar 09 2020 | Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
Mar 11 2020 | Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020.
Apr 17 2020 | Petition for a writ of certiorari filed. (Response due May 20, 2020)
May 05 2020 | Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
May 06 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.
May 12 2020 | Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
May 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents.
May 20 2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED
Jul 20 2020 | Waiver of right of respondent Independent Television Group to respond filed.
Jul 21 2020 | Brief of respondents Prometheus Radio Project; et al. in opposition filed. VIDED.
Jul 22 2020 | Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
Aug 05 2020 | Reply of petitioners FCC, et al. filed.
Aug 19 2020 | DISTRIBUTED for Conference of 9/29/2020.
Oct 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1241 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Nov 16 2020 | Joint appendix filed. VIDED.
Nov 16 2020 | Brief of petitioners FCC, et al. filed.
Nov 16 2020 | Brief of Industry Petitioners filed. VIDED.
Nov 17 2020 | Blanket Consent filed by Petitioner, National Association of Broadcasters
Nov 23 2020 | Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDED
Nov 23 2020 | Brief amicus curiae of TechFreedom filed. VIDED
Nov 23 2020 | Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Nov 23 2020 | Brief amici curiae of The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates filed. VIDED.
Nov 23 2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED.
Nov 23 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Nov 25 2020 | SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED.
Dec 03 2020 | Record requested from the U.S.C.A. 3rd Circuit.
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QUESTION PRESENTED:
Whether Section 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Federal Trade Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief.
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DateProceedings and Orders (key to color coding)
Sep 03 2019 | Application (19A252) to extend the time to file a petition for a writ of certiorari from September 18, 2019 to October 18, 2019, submitted to Justice Kagan.
Sep 03 2019 | Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019.
Oct 18 2019 | Petition for a writ of certiorari filed. (Response due November 20, 2019)
Nov 13 2019 | Brief amicus curiae of Cause of Action Institute filed. VIDED.
Nov 18 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Nov 20 2019 | Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed.
Nov 20 2019 | Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
Nov 21 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
Dec 13 2019 | Brief of respondent Federal Trade Commission filed.
Dec 18 2019 | Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
Dec 20 2019 | Reply of petitioners AMG Capital Management, LLC, et al. filed.
Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020.
Jan 02 2020 | Rescheduled.
Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020.
Apr 02 2020 | Rescheduled.
Apr 28 2020 | DISTRIBUTED for Conference of 5/15/2020.
Jun 22 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 23 2020 | Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-825 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 09 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-508. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-508. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Aug 10 2020 | Joint motion for alignment and extension of time to file the briefs on the merits filed.
Aug 11 2020 | Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED.
Aug 12 2020 | Joint motion for alignment and an extension of time to file the briefs on the merits granted. Petitioners in No. 19-508 and respondents in No. 19-825 have to and including September 25, 2020, within which to file the joint appendix and their opening briefs on the merits. The Federal Trade Commission has to and including November 30, 2020, within which to file its consolidated response brief on the merits. VIDED.
Aug 20 2020 | Blanket Consent filed by Respondent, Federal Trade Commission
Sep 17 2020 | Joint motion to dispense with printing the joint appendix filed. VIDED.
Sep 25 2020 | Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825).
Sep 25 2020 | Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED
Sep 25 2020 | Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508).
Oct 01 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Oct 02 2020 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Oct 02 2020 | Brief amicus curiae of TechFreedom filed. VIDED.
Oct 02 2020 | Brief amicus curiae of Surescripts, LLC filed. VIDED.
Oct 02 2020 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.
Oct 02 2020 | Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED.
Oct 02 2020 | Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED.
Oct 02 2020 | Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED.
Oct 05 2020 | Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED.
Nov 09 2020 | This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center.
Nov 12 2020 | Application (20A103) to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits, submitted to Justice Kagan.
Nov 19 2020 | Application (20A103) granted by Justice Kagan to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits. Respondent's brief on the merits shall not exceed 15,500 words, and petitioners' reply brief on the merits shall not exceed 7,150 words.
Nov 25 2020 | SET FOR ARGUMENT on Wednesday, January 13, 2021.
Nov 30 2020 | Brief of respondent Federal Trade Commission filed.
Dec 03 2020 | Record requested from the U.S.C.A. 9th Circuit.
Dec 04 2020 | Amicus brief of Former Federal Trade Commission Officials submitted.
Dec 07 2020 | Amicus brief of 43 Remedies, Restitution, Antitrust, and Intellectual Property Scholars submitted.
Dec 07 2020 | Amicus brief of Public Citizen submitted.
Dec 07 2020 | Amicus brief of Open Markets Institute submitted.
Dec 07 2020 | Amicus brief of American Antitrust Institute submitted.
Dec 07 2020 | Amicus brief of States of Illinois et al. submitted.
Dec 07 2020 | Amicus brief of National Consumer Law Center, UC Berkeley Center for Consumer Law and Economic Justice, Center for Consumer Law and Education, Housing Clinic of Jerome N. Frank Legal Services Organization at Yale Law School, and Professor Craig Cowie submitted.
Dec 07 2020 | Amicus brief of Truth in Advertising, Inc. submitted.
Dec 08 2020 | CIRCULATED
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QUESTION PRESENTED:
Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right.
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Date | Proceedings and Orders
Oct 24 2019 | Application (19A461) to extend the time to file a petition for a writ of certiorari from December 3, 2019 to January 31, 2020, submitted to Justice Thomas.
Oct 28 2019 | Application (19A461) granted by Justice Thomas extending the time to file until January 31, 2020.
Jan 31 2020 | Petition for a writ of certiorari filed. (Response due March 4, 2020)
Feb 13 2020 | Blanket Consent filed by Petitioners, Chike Uzuegbunam, et al.
Feb 19 2020 | Motion to extend the time to file a response from March 4, 2020 to April 8, 2020, submitted to The Clerk.
Feb 19 2020 | Blanket Consent filed by Respondents, Stanley Preczewski, et al.
Feb 24 2020 | Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2020.
Feb 28 2020 | Brief amicus curiae of Foundation for Moral Law filed.
Mar 02 2020 | Brief amicus curiae of Young Americans for Liberty, Inc. filed.
Mar 02 2020 | Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Mar 03 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Mar 03 2020 | Brief amicus curiae of American Humanist Association filed.
Mar 04 2020 | Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed.
Mar 04 2020 | Brief amicus curiae of Foundation for Individual Rights in Education filed.
Mar 04 2020 | Brief amicus curiae of CatholicVote.org Education Fund filed.
Mar 27 2020 | Motion to extend the time to file a response from April 8, 2020 to April 22, 2020, submitted to The Clerk.
Mar 30 2020 | Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
Apr 22 2020 | Brief of respondents Stanley Preczewski, et al. in opposition filed.
May 05 2020 | DISTRIBUTED for Conference of 5/21/2020.
May 05 2020 | Reply of petitioners Chike Uzuegbunam, et al. filed. (Distributed)
Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020 | Petition GRANTED.
Jul 27 2020 | Joint motion for an extension of time to file the briefs on the merits filed.
Jul 28 2020 | Blanket Consent filed by Petitioner, Chike Uzuegbunam, et al.
Aug 03 2020 | Blanket Consent filed by Respondent, Stanley Preczewski, et al.
Aug 06 2020 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 8, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Aug 25 2020 | Joint motion for a further extension of time to file the briefs on the merits filed.
Sep 01 2020 | Joint motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 22, 2020. The time to file respondents' brief on the merits is further extended to and including November 19, 2020.
Sep 22 2020 | Joint appendix filed.
Sep 22 2020 | Brief of petitioners Chike Uzuegbunam, et al. filed.
Sep 24 2020 | Brief amicus curiae of Foundation for Moral Law filed.
Sep 24 2020 | Brief amicus curiae of Council on American-Islamic Relations filed.
Sep 25 2020 | Brief amicus curiae of Young Americans for Liberty, Inc. filed.
Sep 25 2020 | Brief amici curiae of Pacific Legal Foundation, et al. filed.
Sep 28 2020 | Brief amicus curiae of Public Citizen filed.
Sep 29 2020 | Brief amicus curiae of United States filed.
Sep 29 2020 | Brief amicus curiae of Child Evangelism Fellowship, Inc. filed.
Sep 29 2020 | Brief amicus curiae of Frederick Douglass Foundation, Inc. filed.
Sep 29 2020 | Brief amici curiae of Foundation for Individual Rights in Education and Cato Institute filed.
Sep 29 2020 | Brief amici curiae of General Conference of Seventh-day Adventists, et al. filed.
Sep 29 2020 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Sep 29 2020 | Brief amicus curiae of The Islam and Religious Freedom Action Team of the Religious Freedom Institute filed.
Sep 29 2020 | Brief amicus curiae of The Rutherford Institute filed.
Sep 29 2020 | Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.
Sep 29 2020 | Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
Sep 29 2020 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Sep 29 2020 | Brief amicus curiae of Christian Legal Society filed.
Sep 29 2020 | Brief amicus curiae of CatholicVote.org Education Fund filed.
Sep 29 2020 | Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 29 2020 | Brief amicus curiae of Institute for Free Speech filed.
Sep 29 2020 | Brief amici curiae of Justice and Freedom Fund, et al. filed.
Sep 29 2020 | Amicus brief of American Humanist Association not accepted for filing. (October 06, 2020 - Corrected version submitted)
Sep 29 2020 | Brief amicus curiae of American Humanist Association filed. (October 7, 2020)
Nov 16 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 19 2020 | Brief of respondents Stanley Preczewski, et al. filed.
Nov 24 2020 | Amicus brief of National Conference Of State Legislatures; The Council Of State Governments; The National Association Of Counties; The National League Of Cities; The United States Conference Of Mayors; The International City/County Management Association; The International Municipal Lawyers Association; The Government Finance Officers Association; The National School Boards Association submitted.
Nov 25 2020 | SET FOR ARGUMENT on Tuesday, January 12, 2021.
Nov 25 2020 | Brief amici curiae of District of Columbia, et al. filed.
Dec 03 2020 | Record requested from the U.S.C.A. 11th Circuit.
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QUESTION PRESENTED:
Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8 U.S.C. § 1231, or instead by 8 U.S.C. § 1226.
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Date | Proceedings and Orders
Dec 27 2019 | Application (19A723) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to February 7, 2020, submitted to The Chief Justice.
Dec 30 2019 | Application (19A723) granted by The Chief Justice extending the time to file until February 7, 2020.
Jan 17 2020 | Petition for a writ of certiorari filed. (Response due February 20, 2020)
Jan 17 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Feb 10 2020 | Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
Feb 12 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
Mar 18 2020 | Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
Mar 18 2020 | Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2020.
Apr 22 2020 | Brief of respondents Maria Angelica Guzman Chavez, et al. in opposition filed.
May 08 2020 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 12, 2020 to May 19, 2020, submitted to The Clerk.
May 08 2020 | Motion to delay distribution of the petition for a writ certiorari until May 19, 2020, granted.
May 14 2020 | Reply of petitioners Albence, Dir. of U.S. Immigration, et al. filed.
May 19 2020 | DISTRIBUTED for Conference of 6/4/2020.
Jun 08 2020 | DISTRIBUTED for Conference of 6/11/2020.
Jun 15 2020 | Petition GRANTED.
Jun 15 2020 | As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Jul 22 2020 | Motion for an extension of time to file the joint appendix and petitioners' brief on the merits filed.
Jul 24 2020 | Motion to extend the time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2020.
Aug 14 2020 | Brief of petitioners Mattew T. Albence, Acting Director of U.S. Immigration and Customs Enforcement, et al. filed.
Aug 14 2020 | Motion to dispense with printing the joint appendix filed by petitioners Albence, Dir. of U.S. Immigration, et al.
Aug 21 2020 | Brief amicus curiae of Immigration Reform Law Institute filed.
Sep 10 2020 | Motion for an extension of time to file respondents' brief on the merits filed.
Sep 14 2020 | Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including November 4, 2020.
Oct 05 2020 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 04 2020 | Brief of respondents Maria Angelica Guzman Chavez, et al. filed.
Nov 10 2020 | Brief amicus curiae of American Civil Liberties Union filed.
Nov 12 2020 | Brief amici curiae of National Immigration Litigation Alliance, et al. filed.
Nov 12 2020 | Brief amicus curiae of National Immigrant Justice Center filed.
Nov 12 2020 | Brief amici curiae of Human Rights First and International Law Scholars filed.
Nov 12 2020 | Brief amici curiae of Former United States Immigration Judges and Members of the Board of Immigration Appeals filed.
Nov 12 2020 | Amicus brief of American Immigration Council, The American Immigration Lawyers Association, The Asylum Defense Project, The Bronx Defenders, Brooklyn Defender Services, The Capital Area Immigrants' Rights Coalition, The Legal Aid Society, Refugee and Immigrant Center for Education and Legal Services and the Rocky Mountain Immigrant Advocacy Network submitted.
Nov 25 2020 | SET FOR ARGUMENT on Monday, January 11, 2021.
Dec 03 2020 | Record requested from the U.S.C.A. 4th Circuit.
Dec 04 2020 | Reply of petitioners Tony H. Pham, et al. filed. (Distributed)
Dec 08 2020 | CIRCULATED
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19-422 COLLINS V. MNUCHIN, SECRETARY OF TREASURY
QUESTION PRESENTED:
In 2008, Congress created the Federal Housing Finance Agency (FHFA) - an "independent" agency with sweeping authority over the housing finance system. 12 U.S.C. § 4511(a ). Unlike every other independent agency except the Consumer Financial Protection Bureau, FHFA is headed by a single Director who can only be removed for cause by the President and is exempt from the congressional appropriations process. 12 U.S.C. §§ 4512(b)(2), 4516(f)(2).
19-563 MNUCHIN V. COLLINS
QUESTION PRESENTED:
During the national housing crisis of 2008, the Federal Housing Finance Agency (FHFA) exercised its authority under a federal statute to appoint itself as conservator of Fannie Mae and Freddie Mac. FHFA, as conservator, negotiated agreements with the Department of the Treasury under which Treasury committed to investing billions of dollars in the enterprises in return for compensation consisting, in part, of fixed dividends. In 2012, after numerous quarters in which the enterprises' dividend obligations exceeded their total earnings - forcing the enterprises to draw more money from Treasury just to pay the dividends - FHFA and Treasury negotiated the Third Amendment to their agreements. The Third Amendment replaced the fixed dividend with a variable quarterly dividend equal to the enterprises' net worth minus a specified capital reserve.
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Date | Proceedings and Orders
Sep 25 2019 | Petition for a writ of certiorari filed. (Response due October 30, 2019)
Oct 30 2019 | Brief of respondents Mnuchin, Steven T., et al. in opposition filed.
Oct 30 2019 | Brief amicus curiae of Blackwells Capital LLC filed.
Nov 12 2019 | Reply of petitioners Patrick J. Collins, et al. filed.
Dec 11 2019 | DISTRIBUTED for Conference of 1/10/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-563 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 09 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-422. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-422. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Aug 17 2020 | Aaron Nielson, Esquire, of Provo, Utah, is invited to brief and argue, as amicus curiae, in support of the position that the structure of the Federal Housing Finance Agency does not violate the separation of powers. VIDED.
Aug 17 2020 | Joint appendix filed. VIDED.
Aug 17 2020 | Brief of Federal Parties filed. (in 19-563)
Aug 18 2020 | Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020. Collins, et al., shall file a consolidated response in No. 19-563 and opening brief in No. 19-422, limited to 20,000 words, by Wednesday, September 16, 2020. That brief shall bear a light red cover. The Court-appointed amicus curiae shall file a brief, limited to 13,000 words, by Friday, October 16, 2020. That brief shall bear a dark green cover. Mnuchin, et al., shall file a consolidated reply and response brief, limited to 13,000 words, by Friday, October 23, 2020. Collins, et al., shall file a consolidated reply and response brief to brief of Court-appointed amicus curiae, limited to 6,000 words, by Monday, November 23, 2020. That brief shall bear a tan cover. The brief of any amicus curiae in support of Collins, et al., or in support of neither set of parties, shall be filed by Wednesday, September 23, 2020. Those briefs shall bear a light green cover. The brief of any amicus curiae in support of Mnuchin, et al., or in support of Court-appointed amicus curiae, shall be filed by Friday, October 30, 2020. Those briefs shall bear a dark green cover. VIDED.
Aug 19 2020 | Blanket Consent filed by Mnuchin, Steven T., et al. VIDED.
Sep 15 2020 | Blanket Consent filed by Petitioner, Patrick J. Collins, et al.
Sep 16 2020 | SET FOR ARGUMENT on Wednesday, December 9, 2020. VIDED.
Sep 16 2020 | Brief of Patrick J. Collins, et al. filed. VIDED.
Sep 22 2020 | Brief amicus curiae of Timothy Howard filed. VIDED.
Sep 23 2020 | Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 23 2020 | Brief amicus curiae of Pacific Legal Foundation filed. VIDED.
Sep 23 2020 | Brief amici curiae of Institutional Investors in Fannie Mae and Freddie Mac filed. VIDED.
Sep 23 2020 | Brief amicus curiae of Thomas P. Vartanian filed. VIDED.
Sep 23 2020 | Brief amici curiae of Scholars filed. VIDED.
Sep 23 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Sep 23 2020 | Brief amici curiae of Bryndon Fisher, et al. in support of neither party filed.(in 19-563)
Oct 08 2020 | Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020 | Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 16 2020 | Brief of Court-appointed amicus curiae filed. VIDED
Oct 23 2020 | Reply and Response Brief for the Federal Parties filed. VIDED. (Distributed)
Oct 27 2020 | CIRCULATED
Oct 30 2020 | Motion for enlargement of time for oral argument and for divided argument filed by the Acting Solicitor General. VIDED.
Oct 30 2020 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED (Distributed)
Oct 30 2020 | Brief amicus curiae of Professor John Harrison filed. (Distributed)
Oct 30 2020 | Brief amicus curiae of Jed H. Shugerman filed. VIDED. (Distributed)
Nov 09 2020 | Motion of the Acting Solicitor General for enlargement of time for oral argument and for divided argument GRANTED, and the time is allotted as follows: 35 minutes for the Acting Solicitor General, 15 minutes for the Court-appointed amicus curiae, and 40 minutes for Patrick Collins, et al. VIDED.
Nov 19 2020 | Reply of petitioners Patrick J. Collins, et al. filed. VIDED. (Distributed)
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QUESTION PRESENTED:
Congress enacted the Telephone Consumer Protection Act of 1991 ("TCP A") to prohibit calls made to a cell phone without consent using an "automatic telephone dialing system" ("ATDS"). That prohibition exempts calls made "to collect a debt owed to or guaranteed by the United States" or "made for emergency purposes." 47 U.S. §227 (b)(l )(A)(iii). Here, Petitioner was sued for violating this prohibition and defended on the ground, inter alia, that the prohibition unconstitutionally discriminated on the basis of content and that the text messages at issue here did not involve an ATDS. The Ninth Circuit agreed that the TCPA was unconstitutional, but denied Petitioner any relief by taking the extra ordinary step of rewriting the TCPA to prohibit more speech by eliminating the government-debt-collection exception. To make matters worse, the Ninth Circuit adopted a counter-textual and expansive definition of an ATDS that encompasses any device that can store and automatically dial telephone numbers - even if that device cannot store or produce them “using a random or sequential number generator," as the statutory definition requires, id. §227(b)(1)(A). That holding- which conflicts with the Third and D.C. Circuits - sweeps into the TCPA's prohibition almost any call or text made from any modern smartphone.
The questions presented are:
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Whether the TCPA's prohibition on calls made using an ATDS is an unconstitutional restriction of speech, and if so whether the proper remedy is to broaden the prohibition to abridge more speech.
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Whether the definition of ATDS in the TCPA encompasses any device that can "store" and "automatically dial" telephone numbers, even if the device does not "us[e] a random or sequential number generator."
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DateProceedings and Orders
Oct 17 2019 | Petition for a writ of certiorari filed. (Response due November 20, 2019)
Nov 07 2019 | Blanket Consent filed by Petitioner, Facebook, Inc.
Nov 18 2019 | Waiver of right of respondent Noah Duguid to respond filed.
Nov 20 2019 | Brief amicus curiae of Credit Union National Association, Inc. filed.
Nov 20 2019 | Brief of respondent United States filed.
Nov 20 2019 | Brief amici curiae of Midland Credit Management, Inc. and Encore Capital Group, Inc. filed.
Nov 20 2019 | Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
Nov 20 2019 | Brief amicus curiae of ACA International, Inc. filed.
Nov 20 2019 | Brief amicus curiae of Retail Litigation Center, Inc. filed.
Nov 25 2019 | Waiver of the 14-day waiting period under Rule 15.5 filed.
Nov 26 2019 | DISTRIBUTED for Conference of 12/13/2019.
Dec 02 2019 | Reply of petitioner Facebook, Inc. filed. (Distributed)
Dec 04 2019 | Response Requested. (Due January 3, 2020)
Jan 03 2020 | Brief of respondent Noah Duguid in opposition filed.
Jan 06 2020 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Jan 08 2020 | DISTRIBUTED for Conference of 1/24/2020.
Jan 10 2020 | Reply of petitioner Facebook, Inc. filed. (Distributed)
Jul 07 2020 | Supplemental brief of petitioner Facebook, Inc. filed. (Distributed)
Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020.
Jul 08 2020 | Supplemental brief of respondent Noah Duguid filed.
Jul 09 2020 | Petition GRANTED limited to Question 2 presented by the petition.
Jul 24 2020 | Motion for an extension of time filed.
Jul 24 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 16, 2020.
Sep 04 2020 | Brief of respondent United States in support filed.
Sep 04 2020 | Joint appendix filed.
Sep 04 2020 | Brief of petitioner Facebook, Inc. filed.
Sep 10 2020 | Brief amicus curiae of Washington Legal Foundation filed.
Sep 10 2020 | Brief amici curiae of Professional Association for Customer Engagement and Noble Systems Corporation filed.
Sep 11 2020 | Brief amicus curiae of Home Depot, Inc. filed.
Sep 11 2020 | Brief amicus curiae of Salesforce.com, Inc. filed.
Sep 11 2020 | Brief amicus curiae of Midland Credit Management, Inc. filed.
Sep 11 2020 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 11 2020 | Brief amicus curiae of Credit Union National Association, Inc. filed.
Sep 11 2020 | Brief amicus curiae of Portfolio Recovery Associates, LLC filed.
Sep 11 2020 | Brief amicus curiae of Quicken Loans, LLC filed.
Sep 11 2020 | Brief amici curiae of “On-Demand” Technology Platforms filed.
Sep 11 2020 | Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Sep 11 2020 | Brief amici curiae of Life Insurance Direct Marketing Association, American Property Casualty Insurance Association and Consumer Credit Industry Association filed.
Sep 11 2020 | Brief amici curiae of Healthcare Companies filed.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 8, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. 9th Circuit.
Oct 08 2020 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 16 2020 | Brief of respondent Noah Duguid filed.
Oct 23 2020 | Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Oct 23 2020 | Brief amici curiae of 21 Members of Congress filed. (Distributed)
Oct 23 2020 | Brief amici curiae of State of North Carolina, et al. filed. (Distributed)
Oct 23 2020 | Brief amicus curiae of Main Street Alliance filed. (Distributed)
Oct 23 2020 | Brief amici curiae of John McCurley and Dan Deforest filed. (Distributed)
Oct 23 2020 | Motion for divided argument filed by petitioner Facebook, Inc.
Oct 23 2020 | Brief amicus curiae of Dr. Henning Schulzrinne filed. (Distributed)
Oct 23 2020 | Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
Oct 27 2020 | CIRCULATED
Nov 09 2020 | Motion for divided argument filed by petitioner GRANTED.
Nov 16 2020 | Reply of petitioner Facebook, Inc. filed. (Distributed)
Nov 16 2020 | Reply of respondent United States in support of petitioner filed. (Distributed)
Dec 08 2020 | Argued. For petitioner: Paul D. Clement, Washington, D. C.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as respondent supporting petitioner) For respondents: Bryan A. Garner, Dallas, Tex.
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QUESTION PRESENTED:
Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.
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DateProceedings and Orders
Jan 31 2020 | Petition for a writ of certiorari filed. (Response due March 2, 2020)
Mar 02 2020 | Brief of respondent Archer and White Sales, Inc. in opposition filed.
May 19 2020 | DISTRIBUTED for Conference of 6/4/2020.
May 21 2020 | Reply of petitioner Henry Schein, Inc. filed. (Distributed)
Jun 08 2020 | DISTRIBUTED for Conference of 6/11/2020.
Jun 15 2020 | Petition GRANTED.
Jun 25 2020 | Motion for an extension of time to file the briefs on the merits filed.
Jul 08 2020 | Blanket Consent filed by Petitioner, Henry Schein, Inc.
Jul 13 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2020. The time to file respondent's brief on the merits is extended to and including October 13, 2020.
Aug 21 2020 | Motion for leave to file the joint appendix under seal with redacted copies for the public record filed by petitioner Henry Schein, Inc.
Aug 21 2020 | Joint appendix (Redacted copies for the Public) filed.
Aug 21 2020 | Brief of petitioner Henry Schein, Inc. filed.
Aug 25 2020 | Blanket Consent filed by Respondent, Archer and White Sales, Inc.
Aug 26 2020 | Motion DISTRIBUTED for Conference of 9/29/2020.
Aug 28 2020 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 28 2020 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 28 2020 | Brief amicus curiae of Benco Dental Supply Company filed.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 8, 2020.
Oct 05 2020 | Motion of petitioner for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
Oct 08 2020 | Record requested from the U.S.C.A. 5th Circuit.
Oct 13 2020 | Brief of respondent Archer and White Sales, Inc. filed.
Oct 14 2020 | Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 19 2020 | Brief amicus curiae of Professor George A. Bermann filed.
Oct 20 2020 | Brief amici curiae of Professors Daniel D. Barnhizer, et al. filed.
Oct 20 2020 | Brief amici curiae of Arbitrators, Arbitration Practitioners, and Arbitration Scholars filed.
Oct 20 2020 | Brief amicus curiae of Constitutional Accountability Center filed.
Oct 20 2020 | Brief amici curiae of American Association for Justice & Public Justice filed.
Oct 20 2020 | Brief amicus curiae of William R. Weinstein filed.
Oct 27 2020 | CIRCULATED
Nov 12 2020 | Reply of petitioner Henry Schein, Inc. filed. (Distributed)
Dec 08 2020 | Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondents: Daniel L. Geyser, Dallas, Tex.
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QUESTION PRESENTED:
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May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, where former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II, and where the plaintiffs made no attempt to exhaust local Hungarian remedies?
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In a forum non conveniens analysis, (a) is the district court required to defer to plaintiffs' choice of a U.S. forum where the case's sole connection to the United States is that some named plaintiffs (representing a putative worldwide class) became naturalized citizens after the time relevant to the complaint; and (b) is the district court permitted to defer to a foreign sovereign defendant's comity interest in hosting claims in its own courts, where plaintiffs allege the sovereign defendant harmed its own nationals on its own soil and plaintiffs have not exhausted local remedies?
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DateProceedings and Orders
May 16 2019 | Petition for a writ of certiorari filed. (Response due June 19, 2019)
Jun 03 2019 | Motion to extend the time to file a response from June 19, 2019 to July 23, 2019, submitted to The Clerk.
Jun 07 2019 | Motion to extend the time to file a response is granted and the time is extended to and including July 23, 2019.
Jul 23 2019 | Brief of respondents Simon, Rosalie, et al. in opposition filed.
Aug 06 2019 | Reply of petitioners Republic of Hungary, et al. filed.
Aug 07 2019 | DISTRIBUTED for Conference of 10/1/2019.
Sep 19 2019 | Rescheduled.
Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed.
Jun 08 2020 | Supplemental brief of respondents Simon, Rosalie, et al. filed. (Distributed)
Jun 08 2020 | Supplemental brief of petitioners Republic of Hungary, et al. filed. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED limited to Question 1 presented by the petition.
Jul 28 2020 | Motion for an extension of time to file the briefs on the merits filed.
Jul 30 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Jul 30 2020 | Blanket Consent filed by Respondent, Simon, Rosalie, et al.
Aug 04 2020 | Blanket Consent filed by Petitioner, Republic of Hungary, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Republic of Hungary, et al. filed.
Sep 11 2020 | Brief amicus curiae of United States filed.
Sep 11 2020 | Brief amici curiae of Professors Samuel Estreicher And Thomas H. Lee in support of neither party filed (also in 19-351). VIDED
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 19-351). VIDED.
Sep 11 2020 | Proposal of petitioners to lodge non-record materials pursuant to Sup. Ct. R. 32.3 filed.
Sep 11 2020 | Motion of Davis R. Robinson, Abraham D. Sofaer, David P. Stewart, and Edwin Williamson to Consider Brief of Amici Curiae Filed By Movants in Germany v. Phillip, No. 19-351 as an Amici Curiae Brief in This Case filed by Davis R. Robinson, et al.
Sep 16 2020 | SET FOR ARGUMENT on Monday, December 7, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. District of Columbia Circuit.
Oct 19 2020 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.
Oct 22 2020 | Brief of respondents filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amicus curiae of Former State Department Attorney Mark B. Feldman filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 19-351). VIDED. (Distributed)
Oct 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2020 | Brief amici curiae of Members of the United States House of Representatives filed (also in 19-351). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 19-351). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 19-351) VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other adovcates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Victims of the Hungarian Holocaust filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Raoul Wallenberg Centre for Human Rights and Professor Irwin Cotler filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
Oct 29 2020 | Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
Nov 09 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 23 2020 | Reply of petitioners Republic of Hungary, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Gregory Silbert, New York, N. Y.; and Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Sarah E. Harrington, Bethesda, Md.
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QUESTION PRESENTED:
-
Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established international law governing states' responsibility for takings of property.
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Whether the doctrine of international comity is unavailable in cases against foreign sovereigns, even in cases of considerable historical and political significance to the foreign sovereign, and even where the foreign nation has a domestic framework for addressing the claims.
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DateProceedings and Orders
Jul 26 2019 | Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 30 2019 | Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
Sep 16 2019 | Petition for a writ of certiorari filed. (Response due October 18, 2019)
Oct 17 2019 | Brief of respondents Alan Philipp, et al. in opposition filed.
Dec 27 2019 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 08 2020 | Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED.
Jul 29 2020 | Motion for an extension of time to file the briefs on the merits filed.
Jul 30 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Jul 31 2020 | Blanket Consent filed by Respondent, Alan Philipp, et al.
Jul 31 2020 | Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.
Sep 04 2020 | Joint appendix filed. (Statement of costs filed)
Sep 04 2020 | Brief of petitioners Federal Republic of Germany, et al. filed.
Sep 04 2020 | Proposal of petitioners to lodge materials under Rule 32.3 filed.
Sep 10 2020 | Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.
Sep 10 2020 | Brief amici curiae of Foreign International Law Scholars and Jurists filed.
Sep 11 2020 | Brief amicus curiae of United States filed.
Sep 11 2020 | Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.
Sep 11 2020 | Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDED
Sep 11 2020 | Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.
Sep 16 2020 | SET FOR ARGUMENT on Monday, December 7, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. District of Columbia Circuit.
Oct 19 2020 | Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Oct 19 2020 | Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
Oct 22 2020 | Brief of respondents Alan Philipp, et al. filed. (Distributed)
Oct 22 2020 | Proposal of Respondents to lodge materials under Rule 32.3 filed.
Oct 27 2020 | CIRCULATED
Oct 27 2020 | Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)
Oct 28 2020 | Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)
Oct 28 2020 | Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)
Oct 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 29 2020 | Brief amici curiae of Members of the United States House of Representatives filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 18-1447). VIDED. (Distributed)
Oct 29 2020 | Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)
Oct 29 2020 | Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
Oct 29 2020 | Brief amicus curiae of Peter Toren filed. (Distributed)
Oct 29 2020 | Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
Nov 09 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 23 2020 | Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
Dec 07 2020 | Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
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QUESTION PRESENTED:
Whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review.
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DateProceedings and Orders
Aug 15 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
Sep 30 2019 | Waiver of right of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy to respond filed.
Oct 03 2019 | DISTRIBUTED for Conference of 10/18/2019.
Oct 11 2019 | Response Requested. (Due November 12, 2019)
Nov 05 2019 | Motion to extend the time to file a response from November 12, 2019 to December 12, 2019, submitted to The Clerk.
Nov 08 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12 2019 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy in opposition filed.
Dec 30 2019 | DISTRIBUTED for Conference of 1/17/2020.
Apr 20 2020 | DISTRIBUTED for Conference of 4/24/2020.
Apr 27 2020 | DISTRIBUTED for Conference of 5/1/2020.
May 04 2020 | Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether this Court’s decision in Ramos v. Louisiana, 590 U. S. ___ (2020), applies retroactively to cases on federal collateral review.
May 19 2020 | Joint motion of the parties for an extension of time to file the briefs on the merits filed.
May 28 2020 | Joint motion of the parties to extend the time to file the briefs on the merits granted in part. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2020. The time to file respondent's brief on the merits is extended to and including September 14, 2020. The reply brief is to be filed in compliance with Rule 25.3.
Jul 09 2020 | Blanket Consent filed by Petitioner, Thedrick Edwards.
Jul 13 2020 | Blanket Consent filed by Respondent, Darrel, Warden, Louisiana State. Penitentiary Vannoy
Jul 15 2020 | Joint appendix filed. (Statement of costs filed)
Jul 15 2020 | Brief of petitioner Thedrick Edwards filed.
Jul 21 2020 | Brief amici curiae of Center on Race, Inequality, et al. filed.
Jul 21 2020 | Brief amici curiae of Human Rights for Kids and Louisiana Center for Children’s Rights filed.
Jul 21 2020 | Brief amici curiae of The Promise of Justice Initiative, et al. filed.
Jul 21 2020 | Brief amici curiae of Louisiana Professors of Law filed.
Jul 21 2020 | Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of neither party filed.
Jul 22 2020 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Jul 22 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 22 2020 | Brief amici curiae of American Civil Liberties Union, et al. filed.
Jul 22 2020 | Brief amicus curiae of DKT Liberty Project filed.
Jul 22 2020 | Brief amici curiae of Roderick & Solange MacArthur Justice Center and Phillips Black, Inc., in support of neither party filed.
Jul 22 2020 | Brief amicus curiae of Law Professors and Social Scientists filed.
Jul 22 2020 | Brief amici curiae of Edward L. Tarpley, Jr., et al. filed.
Jul 22 2020 | Brief amici curiae of Federal Public Defender for the District of Oregon and the Oregon Criminal Defense Lawyers Association filed.
Jul 22 2020 | Brief amicus curiae of Innocence Project New Orleans filed.
Jul 22 2020 | Brief amici curiae of Former Judges, Prosecutors, and Public Officials filed.
Jul 22 2020 | Brief amicus curiae of JonRe Taylor filed.
Jul 22 2020 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed.
Sep 02 2020 | Motion for a further extension of time to file respondent's brief on the merits filed.
Sep 08 2020 | Motion for a further extension of time to file respondent's brief on the merits granted, and the time is extended to and including September 28, 2020.
Sep 16 2020 | SET FOR ARGUMENT on Monday, November 30, 2020.
Sep 28 2020 | Brief of respondent Darrel, Warden, Louisiana State Penitentiary Vannoy filed.
Oct 05 2020 | Brief amicus curiae of United States filed.
Oct 05 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 05 2020 | Brief amicus curiae of Commonwealth of Puerto Rico filed.
Oct 05 2020 | Brief amicus curiae of State of Oregon filed.
Oct 08 2020 | Record requested from the U.S.C.A. 5th Circuit.
Oct 14 2020 | Record received from the U.S.C.A. 5th Circuit is electronic and located on PACER.
Oct 19 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 20 2020 | Removed for argument on Monday, November 30, 2020.
Oct 20 2020 | SET FOR ARGUMENT on Wednesday, December 2, 2020.
Oct 27 2020 | CIRCULATED
Oct 28 2020 | Reply of petitioner Thedrick Edwards filed. (Distributed)
Dec 02 2020 | Argued. For petitioner: André Bélanger, Baton Rouge, La. For respondent: Elizabeth Murrill, Solicitor General, Baton Rouge, La.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
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QUESTION PRESENTED:
Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes.
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Date Proceedings and Orders
Oct 21 2019 | Application (19A440) to extend the time to file a petition for a writ of certiorari from November 26, 2019 to January 3, 2020, submitted to Justice Sotomayor.
Oct 28 2019 | Application (19A440) granted by Justice Sotomayor extending the time to file until January 3, 2020.
Dec 13 2019 | Application (19A440) to extend further the time from January 3, 2020 to January 17, 2020, submitted to Justice Sotomayor.
Dec 17 2019 | Application (19A440) granted by Justice Sotomayor extending the time to file until January 17, 2020.
Jan 17 2020 | Petition for a writ of certiorari filed. (Response due February 24, 2020)
Feb 14 2020 | Brief amicus curiae of American College of Tax Counsel filed.
Feb 18 2020 | Brief amicus curiae of Tax Clinic at the Legal Services Center of Harvard Law School filed.
Feb 19 2020 | Motion to extend the time to file a response from February 24, 2020 to March 25, 2020, submitted to The Clerk.
Feb 19 2020 | Brief amicus curiae of Patrick J. Smith filed.
Feb 20 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2020.
Feb 21 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Feb 24 2020 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Feb 24 2020 | Brief amicus curiae of The Cato Institute filed.
Feb 24 2020 | Brief amicus curiae of Kristin E. Hickman filed.
Feb 24 2020 | Brief amici curiae of Kentucky Captive Association, Inc., et al. filed.
Mar 25 2020 | Brief of respondent Internal Revenue Service in opposition filed.
Apr 03 2020 | Reply of petitioner CIC Services, LLC filed.
Apr 08 2020 | DISTRIBUTED for Conference of 4/24/2020.
Apr 27 2020 | DISTRIBUTED for Conference of 5/1/2020.
May 04 2020 | Petition GRANTED.
May 18 2020 | Joint motion of the parties for an extension of time to file the briefs on the merits filed.
May 28 2020 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 15, 2020. The time to file respondents' brief on the merits is extended to and including September 8, 2020.
May 28 2020 | Blanket Consent filed by Petitioner, CIC Services, LLC
Jul 06 2020 | Motion to dispense with printing the joint appendix filed by petitioner CIC Services, LLC.
Jul 14 2020 | Brief amicus curiae of Center for Taxpayer Rights filed.
Jul 15 2020 | Brief of petitioner CIC Services, LLC filed.
Jul 16 2020 | Brief amicus curiae of Patrick J. Smith filed.
Jul 22 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Jul 22 2020 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 22 2020 | Brief amicus curiae of American College of Tax Counsel filed.
Jul 22 2020 | Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.
Jul 22 2020 | Motion for leave to file amicus brief filed by Institute for Free Speech (7/31/2020).
Jul 22 2020 | Amicus brief of Institute for Free Speech not accepted for filing. (July 28, 2020 - Corrected version submitted).
Jul 22 2020 | Brief amicus curiae of Kristin E. Hickman filed.
Jul 22 2020 | Brief amici curiae of Alabama Captive Insurance Association, Inc., et al. filed.
Jul 22 2020 | Amicus brief of Partnership for Conservation not accepted for filing. (July 31, 2020 - Corrected version submitted)
Jul 22 2020 | Brief amicus curiae of National Taxpayers Union Foundation filed.
Jul 28 2020 | Motion for leave to file amicus brief out of time filed by Partnership for Conservation (7/31/2020).
Aug 11 2020 | Brief amicus curiae of Professor Bryan T. Camp filed.
Aug 24 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 08 2020 | Brief of respondent Internal Revenue Service filed.
Sep 11 2020 | Motion for leave to file amicus brief filed by Institute for Free Speech GRANTED.
Sep 11 2020 | Motion for leave to file amicus brief out of time filed by Partnership for Conservation GRANTED.
Sep 15 2020 | Brief amici curiae of Former Government Officials filed.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 1, 2020.
Oct 08 2020 | Record requested from the U.S.C.A. 6th Circuit.
Oct 08 2020 | Reply of petitioner CIC Services, LLC filed.
Oct 08 2020 | The record received from the U.S.C.A. 6th Circuit has been electronically filed.
Oct 27 2020 | CIRCULATED
Dec 01 2020 | Argued. For petitioner: Cameron T. Norris, Arlington, Va. For respondents: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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9-453 CARGILL, INC V. DOE I
QUESTION PRESENTED:
Petitioner Cargill, Incorporated, purchases cocoa beans grown in Cote d'Ivoire. Respondents are Malian citizens who allege that, when Respondents were under the age of fourteen, Ivorian cocoa farmers subjected them to forced labor and other abuses in violation of international law. Respondents filed this putative class action under the Alien Tort Statute, 28 U.S.C. § 1350, claiming that Cargill aided and abetted the farmers' violations of international law by purchasing cocoa from and providing financial assistance to Ivorian cocoa farmers.
19-416 NESTLE USA V. DOE I
QUESTION PRESENTED:
-
Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. § 1350, may overcome the extraterritoriality bar where the claim is based on allegations of general corporate activity in the United States and where plaintiffs cannot trace the alleged harms, which occurred abroad at the hands of unidentified foreign actors, to that activity.
-
Whether the Judiciary has the authority under the Alien Tort Statute to impose liability on domestic corporations.
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Date | Proceedings and Orders
Sep 25 2019 | Petition for a writ of certiorari filed. (Response due October 28, 2019)
Oct 23 2019 | Blanket Consent filed by Respondents, John Doe I, et al. VIDED
Oct 25 2019 | Waiver of right of respondents John Doe I, et al. to respond filed.
Oct 28 2019 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Oct 28 2019 | Brief amicus curiae of Chevron Corporation filed. VIDED.
Oct 28 2019 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Oct 28 2019 | Brief amici curiae of The National Confectioners Association, the World Cocoa Foundation, and the European Cocoa Association filed. VIDED.
Oct 28 2019 | Brief amicus curiae of CATO INSTITUTE filed. (Distributed)
Oct 30 2019 | DISTRIBUTED for Conference of 11/15/2019.
Nov 04 2019 | Response Requested. (Due December 4, 2019)
Nov 14 2019 | Motion to extend the time to file a response from December 4, 2019 to December 12, 2019, submitted to The Clerk.
Nov 19 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2019.
Dec 12 2019 | Brief of respondents John Doe I, et al. in opposition filed.
Dec 13 2019 | Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020.
Dec 23 2019 | Reply of petitioner Nestlé USA, Inc. filed. (Distributed)
Jan 13 2020 | The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26 2020 | Brief amicus curiae of United States filed. VIDED.
Jun 04 2020 | Supplemental brief of petitioner Nestlé USA, Inc. filed. (Distributed)
Jun 09 2020 | DISTRIBUTED for Conference of 6/25/2020.
Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020.
Jul 02 2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-453 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 02 2020 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-416. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-416. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 22 2020 | Motion for an extension of time to file the briefs on the merits filed. VIDED.
Jul 22 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 31, 2020. The time to file respondents' brief on the merits is extended to and including October 14, 2020. VIDED.
Aug 26 2020 | Blanket Consent filed by Respondent, John Doe I, et al. VIDED.
Aug 27 2020 | Blanket Consent filed by Petitioner, Nestlé USA, Inc.
Aug 31 2020 | Joint appendix filed. VIDED.
Aug 31 2020 | Brief of petitioner Nestlé USA, Inc. filed. VIDED.
Aug 31 2020 | Brief of petitioner Cargill, Inc. filed. VIDED.
Sep 08 2020 | Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of The Coca-Cola Company filed. VIDED.
Sep 08 2020 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED.
Sep 08 2020 | Brief amicus curiae of Cato Institute filed. VIDED.
Sep 08 2020 | Brief amici curiae of The World Cocoa Foundation, et al. filed. VIDED.
Sep 08 2020 | Brief amicus curiae of United States filed. VIDED.
Sep 08 2020 | Brief amici curiae of Professors of International Law, Foreign Relations Law and Federal Jurisdiction filed. VIDED.
Sep 16 2020 | SET FOR ARGUMENT on Tuesday, December 1, 2020. VIDED.
Sep 29 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 08 2020 | Record requested from the U.S.C.A. 9th Circuit.
Oct 08 2020 | Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Oct 14 2020 | Brief of respondents in 19-416 (response to merits brief of Nestle USA, Inc.) filed. VIDED.
Oct 19 2020 | Brief of respondents in 19-453 (response to merits brief of Cargill, Inc.) filed. VIDED.
Oct 20 2020 | Brief amicus curiae of EarthRights International filed. VIDED.
Oct 20 2020 | Brief amicus curiae of Yale Law School Center for Global Legal Challenges filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Center for Global Justice filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Tony's Chocolonely filed. VIDED.
Oct 21 2020 | Brief amici curiae of Access Now, et al. filed. VIDED.
Oct 21 2020 | Brief amici curiae of Foreign Lawyers filed. VIDED.
Oct 21 2020 | Brief amici curiae of Center for Justice & Accountability and Human Rights First filed. VIDED.
Oct 21 2020 | Brief amici curiae of Small and Mid-Size Cocoa and Chocolate Companies filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars filed. VIDED.
Oct 21 2020 | Brief amici curiae of Former Government Officials filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Law Scholars, Former Diplomats, and Practitioners filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Oct 21 2020 | Brief amici curiae of International Human Rights Organizations filed. VIDED.
Oct 21 2020 | Brief amici curiae of Oxfam America, et al. filed. VIDED.
Oct 21 2020 | Brief amicus curiae of Grant & Eisenhofer ESG Institute filed.
Oct 21 2020 | Brief amici curiae of Professors of Legal History, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Members of Congress Senator Blumenthal, Representative Smith, et al. filed. VIDED. (Distributed)
Oct 21 2020 | Brief amici curiae of Nuremberg Scholars filed. (Distributed)
Oct 27 2020 | CIRCULATED
Nov 02 2020 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion.
Nov 13 2020 | Reply of petitioner Nestlé USA, Inc. filed. VIDED. (Distributed)
Nov 13 2020 | Reply of petitioner Cargill, Inc. filed. VIDED. (Distributed)
Dec 01 2020 | Argued. For petitioners: Neal K. Katyal, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul L. Hoffman, Hermosa Beach, Cal. VIDED.
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QUESTION PRESENTED:
- Whether a group of states and local governments have standing under Article III of the Constitution to challenge a July 21, 2020, memorandum by President Donald Trump instructing the secretary of commerce to include in his report on the 2020 census information enabling the president to exclude noncitizens from the base population number for purposes of apportioning seats in the House of Representatives; and
- whether the memorandum is a permissible exercise of the president’s discretion under the provisions of law governing congressional apportionment.
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QUESTION PRESENTED:
Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.
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QUESTION PRESENTED:
As part of the Patient Protection and Affordable Care Act (ACA), Congress adopted 26 U.S.C. § 5000A. Section 5000A provided that "applicable individual[s] shall" ensure that they are "covered under minimum essential coverage," 26 U.S.C. § 5000A(a); required any "taxpayer" who did not obtain such coverage to make a "[s]hared responsibility payment," id.§ 5000A(b); and set the amount of that payment, id.
§ 5000A(c). In National Federation of Independent Business v. Sebelius, 567 U.S. 519, 574 (2012), this Court held that Congress lacked the power to impose a stand-alone command to purchase health insurance but upheld Section 5000A as a whole as an exercise of Congress's taxing power, concluding that it affords individuals a "lawful choice" between buying health insurance or paying a tax in the amount specified in Section 5000A(c). In 2017, Congress set that amount at zero but retained the remaining provisions of the ACA.
The questions presented are:
- Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum coverage provision in Section 5000A(a).
- Whether reducing the amount specified in Section 5000A(c) to zero rendered the minimum coverage provision unconstitutional.
- If so, whether the minimum coverage provision is severable from the rest of the ACA.
19-1019 TEXAS V. CALIFORNIA
QUESTION PRESENTED:
Congress passed the Patient Protection and Affordable Care Act ("ACA"), Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010), with the express goal of achieving near universal health-insurance coverage. To achieve that goal, Congress found it was "essential" to require healthy Americans to ensure that they have what Congress considered minimum essential coverage. In 2012, this Court held that "[t]he Federal Government does not have the power to order people to buy health insurance." Nat'l Fed'n of Indep. Bus. v. Sebelius ("NFIB"), 567 U.S. 519, 575 (2012) (op. of Roberts, C.J.). The Court upheld the minimum-essential-coverage requirement, however, because it was "fairly possible" to construe the mandate as a tax. Id. at 574. In 2017, Congress eliminated that alternative construction by zeroing out any penalty. That legislative act rendered the individual mandate unconstitutional, as the court below correctly held.
The Court should deny the petitions in Nos. 19-840 and 19-841. But if it grants them, it should grant this conditional cross-petition, as well, which presents the following questions:
- Whether the unconstitutional individual mandate to purchase minimum essential coverage is severable from the remainder of the ACA.
- Whether the district court properly declared the ACA invalid in its entirety and unenforceable any-where.
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QUESTION PRESENTED:
The Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671 et seq., waives the sovereign immunity of the United States and creates a cause of action for damages for certain torts committed by federal employees "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA also imposes a judgment bar, which provides that "[t]he judgment in an action under section 1346(b) of this title shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim." 28 U.S.C. 2676.
The question presented is whether a final judgment in favor of the United States in an action brought under Section 1346(b)(1), on the ground that a private person would not be liable to the claimant under state tort law for the injuries alleged, bars a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), that is brought by the same claimant, based on the same injuries, and against the same governmental employees whose acts gave rise to the claimant's FTCA claim.
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QUESTION PRESENTED:
The Attorney General can cancel removal of certain immigrants under 8 U.S.C. § 1229b (a) and (b). To be eligible for cancellation of removal, a non-permanent resident must have ten years of continuous presence in the United States, and a permanent resident must have seven years of continuous residence. Id. § 1229b(a)(2), (b)(l)(A). Under the "stop-time rule," the government can end those periods of continuous residence by serving "a notice to appear under section 1229(a)," which, in turn, defines "a 'notice to appear"' as "written notice ... specifying" specific information related to the initiation of a removal proceeding. Id. §§ 1229b (d)(l), 1229(a)(l). In Pereira v. Sessions, 138 S. Ct. 2105, 2117 (2018), this Court held that only notice "in accordance with'' section 1229(a)'s definition triggers the stop-time rule.
The question presented in this case is:
Whether, to serve notice in accordance with section 1229(a) and trigger the stoptime rule, the government must serve a specific document that includes all the information identified in section 1229(a), or whether the government can serve that information over the course of as many documents and as much time as it chooses.
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QUESTION PRESENTED:
The City of Philadelphia chose to exclude a religious agency from the City's foster care system unless the agency agreed to act and speak in a manner inconsistent with its sincere religious beliefs about marriage. The Third Circuit upheld that action under Employment Division v. Smith.
The questions presented are:
- Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim-namely that the government would allow the same conduct by someone who held different religious views-as two circuits have held, or whether courts must consider other evidence that a law is not neutral and generally applicable, as six circuits have held?
- Whether Employment Division v. Smith should be revisited?
- Whether a government violates the First Amendment by conditioning a religious agency's ability to participate in the foster care system on taking actions and making statements that directly contradict the agency's religious beliefs?
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QUESTION PRESENTED:
Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
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QUESTION PRESENTED:
- Does the "use of force" clause in the Armed Career Criminal Act (the "ACCA"), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness?
- Did the district court violate Mr. Borden's due process rights when it applied to his sentencing a newer, more punitive interpretation of law than that which was in force at the time of his federal offense, such that his guidelines were enhanced from 77 to 96 months to a mandatory minimum sentence of 15 years to life in prison?
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QUESTION PRESENTED:
Whether, under section 5(f) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 355(f), and section 8 of the Railroad Retirement Act, 45 U.S.C. § 231g, the Railroad Retirement Board's denial of a request to reopen a prior benefits determination is a "final decision" subject to judicial review.
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QUESTION PRESENTED:
Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5) (2012), by incorporating the deliberative process privilege, protects against compelled disclosure a federal agency's draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1536, and that concerned a proposed agency action that was later modified in the consultation process.
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QUESTION PRESENTED:
A noncitizen may not apply for relief from deportation, including asylum and cancellation of removal, if he has been convicted of a disqualifying offense listed in the Immigration and Nationality Act. The categorical approach (including its "modified" variant) governs the analysis of potentially disqualifying convictions. Under that approach, a conviction for a state offense does not carry immigration consequences unless it "necessarily" establishes all elements of the potentially corresponding federal offense. Moncrieffe v. Holder,569 U.S. 184, 190-91 (2013).
Accordingly, four courts of appeals hold that a state conviction does not bar relief from removal if the state-court record is merely ambiguous as to whether the conviction involved the elements of the corresponding federal offense. In their view, ambiguity means the conviction does not "necessarily" establish the elements of the federal offense. Four other courts of appeals-including the Eighth Circuit below-take the opposite view. They hold that a merely ambiguous conviction is nonetheless disqualifying because the immigration laws place an evidentiary burden of proof on noncitizens to establish eligibility for relief.
The question presented is:
- Whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act.
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QUESTION PRESENTED:
Police officers shot Petitioner, but she drove away and temporarily eluded capture. In this excessive force suit, the district court granted summary judgment for the officers on the ground that no Fourth Amendment "seizure" occurred. The Tenth Circuit affirmed, reasoning
that an officer's application of physical force is not a seizure if the person upon whom the force is applied is able to evade apprehension.
The question presented is:
- Is an unsuccessful attempt to detain a suspect by use of physical force a "seizure" within the meaning of the Fourth Amendment, as the Eighth; Ninth, and Eleventh Circuits and the New Mexico Supreme Court hold, or must physical force be successful in detaining a suspect to
constitute a "seizure," as the Tenth Circuit and the D.C. Court of Appeals hold?
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19-357 CITY OF CHICAGO V. FULTON
DECISION BELOW: 926 F3d. 916 LOWER COURT CASE NUMBER: 18-2527, 18-2793, 18-2835, 18-3023
QUESTION PRESENTED:
- Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code's automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition.
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19-108 UNITED STATES V. BRIGGS
DECISION BELOW: 78 M.J. 289 LOWER COURT CASE NUMBER: 16-0711
QUESTION PRESENTED:
- Whether the Court of Appeals for the Armed Forces erred in concluding-contrary to its own longstanding precedent-that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.
19-184 UNITED STATES V. COLLINS
DECISION BELOW: 78 M.J. 415 LOWER COURT CASE NUMBER: 19-0052
QUESTION PRESENTED:
- Whether the Court of Appeals for the Armed Forces erred in concluding-contrary to its own longstanding precedent-that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.
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19-368 FORD MOTOR CO. V. MONTANA EIGHTH DISTRICT COURT
DECISION BELOW: 443 P.3d 407 LOWER COURT CASE NUMBER: OP 19-0099
QUESTION PRESENTED:
The Due Process Clause permits a state court to exercise specific personal jurisdiction over a non-resident defendant only when the plaintiff’s claims“arise out of or relate to" the defendant's forum activities.Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (internal quotation marks omitted).
The question presented is:
1. Whether the“arise out of or relate to" requirement is met when none of the defendant's forum contacts caused the plaintiff’s claims, such that the plaintiff’s claims would be the same even if the defendant had no forum contacts.
19-369 FORD MOTOR CO. V. BANDEMER
DECISION BELOW: 931 N.W.2d 744 LOWER COURT CASE NUMBER: A17-1182
QUESTION PRESENTED:
The Due Process Clause permits a state court to exercise specific personal jurisdiction over a non-resident defendant only when the plaintiff’s claims“arise out of or relate to" the defendant's forum activities.Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (internal quotation marks omitted).
The question presented is:
1. Whether the“arise out of or relate to" requirement is met when none of the defendant's forum contacts caused the plaintiff’s claims, such that the plaintiff’s claims would be the same even if the defendant had no forum contacts.
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QUESTION PRESENTED: The Copyright Act provides that, while "original works of authorship" are generally eligible for copyright protection, 17 U.S.C. 102(a), "[i]n no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work," 17 U.S.C. 102(b). The Act also makes clear that "the fair use of a copyrighted work * * * is not an infringement of copyright." 17 U.S.C. 107.
As is relevant here, software interfaces are lines of computer code that allow developers to operate prewritten libraries of code used to perform particular tasks. Since the earliest days of software development, developers have used interfaces to access essential tools for building new computer programs. Contravening that longstanding practice, the Federal Circuit in this case held both that a software interface is copyrightable and that petitioner's use of a software interface in a new computer program cannot constitute fair use as a matter of law.
THE QUESTION PRESENTED ARE:
- Whether copyright protection extends to a software interface.
- Whether, as the jury found, petitioner's use of a software interface in the context of creating a new computer program constitutes fair use.
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QUESTION PRESENTED:
Thirty-six States have enacted legislation to curb abusive prescription drug reimbursement practices by claims-processing middlemen-known as pharmacy benefit managers (PBMs)-who make money on the spread between the rates at which they reimburse pharmacies and the drug prices they charge health plans. In response, Respondent Pharmaceutical Care Management Association (PCMA), a PBM trade association, has launched a barrage of litigation across the country arguing that state regulations of PBMs generally, and state drug-reimbursement regulations specifically, are categorically preempted by the Employee Retirement Income Security Act of 1974 (ERISA). Disregarding this Court's ERISA precedent (and contrary to the First Circuit's conclusion that PBMregulations are categoricallynot preempted by ERISA), the Eighth Circuit embraced that argument.
THE QUESTION PRESENTED HERE IS:
- Whether the Eighth Circuit erred in holding that Arkansas's statute regulating PBMs' drug-reimbursement rates, which is similar to laws enacted by a substantial majority of States, is preempted by ERISA, in contravention of this Court's precedent that ERISA does not preempt rate regulation.
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LOWER COURT CASE NUMBER:QUESTION PRESENTED: To resolve disputes about use of the Pecos River, Texas and New Mexico entered into the Pecos River Compact. This Court subsequently entered an amended decree ordering New Mexico to comply with its Compact obligations and appointing a River Master to perform the annual calculations of New Mexico's water-delivery obligations.
The Court's decree specifies exact procedures for objecting to the River Master's annual reports. In particular, a party must seek this Court's review of any final determination of the River Master within 30 days. Likewise, the decree allows modifying the manual governing the River Master's calculations only by specified procedures.
In 2014 and 2015, a federally owned reservoir in New Mexico impounded and held large amounts of flood waters dumped in the Pecos Basin by heavy rains. When the reservoir’s authority to hold the water for flood-control purposes expired, the reservoir began to release it. Texas did not use this water, nor could it. The downstream reservoir in Texas was already full from holding flood water, so Texas had to release water, wasted, to make room for the water flowing in from New Mexico.
The River Master timely calculated and reported New Mexico's obligations for 2014 and 2015. Neither report reduced Texas's rights to water delivery based on the evaporation of water stored in the federal reservoir in New Mexico-water that Texas could not use. At the time, New Mexico lodged no objection, and the 30-day review period lapsed. But years later, in mid-2018, New Mexico filed a motion arguing that its delivery obligations should be reduced by the water that evaporated from the floodwaters stored in 2014 and 2015, giving New Mexico delivery credits for losses from water that neither State used.
Rather than dismiss that untimely objection, the River Master modified the governing manual over Texas's objection to allow retroactive changes to final reports,gave that modification of the manual retroactive effect, and amended the 2015 report toprovide New Mexico credits against its delivery obligations for most of the evaporative loss in 2015.
THE QUESTIONS PRESENTED ARE:
-
Whether the River Master clearly erred in retroactively amending the River Master Manual and his final accounting for 2015 without Texas's consent and contrary to this Court's decree.
-
Whether the River Master clearly erred by charging Texas for evaporative losses without authority under the Compact.
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QUESTION PRESENTED: 1. Whether the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bbet seq., permits suits seeking money damages against individual federal employees.
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QUESTION PRESENTED: 1. Does the First Amendment invalidate a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a "bare majority" on the State's three highest courts, with the other seats reserved for judges affiliated with the "other major political party''?
- Did the Third Circuit err in holding that a provision of the Delaware Constitution requiring that no more than a "bare majority" of three of the state courts may be made up of judges affiliated with any one political party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other "major political party," when the former requirement existed for more than fifty years without the latter, and the former requirement, without the latter, continues to govern appointments to two other courts?
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While the U.S. Constitution assigns explicit roles in the Supreme Court appointment process only to the President and the Senate, the Senate Judiciary Committee, throughout much of the nation's history, has also played an important, intermediary role. From 1816, when the Judiciary Committee was created, until 1868, more than two-thirds of nominations to the Supreme Court were referred to the committee, in each case by motion. In 1868, the Senate determined, as a general rule, that all nominations should automatically be referred to appropriate standing committees. Since then, all but seven Supreme Court nominations, with the most recent being in 1941, have been referred to the Judiciary Committee.
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On September 18, 2020, Justice Ruth Bader Ginsburg, the second woman to serve on the Supreme Court of the United States, passed away at the age of eighty-seven, vacating a seat on the High Court that she had held for twenty-seven years. It is likely that Justice Ginsburg’s views in closely decided Supreme Court cases will be of most interest to Members of Congress as the Senate considers a nominee to fill her seat, as those cases may illustrate how the Court may change in her absence.
This Episode highlights several areas of law where Justice Ginsburg—either by authoring or joining a majority opinion or a notable dissent—proved consequential to the trajectory of Supreme Court jurisprudence.
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On June 29, 2020, in the case Seila Law v. Consumer Financial Protection Bureau (CFPB), the Supreme Court held in a five-to-four decision that the statutory provision limiting the President’s authority to remove the director of the CFPB violated the Constitution by infringing on the President’s powers to execute the laws. The opinion provides guidance on Congress’s authority to insulate agencies from presidential influence by explaining that, under current precedent, Congress may shield executive branch officials from removal by the President only in two limited circumstances:
(1) when so-called inferior officers have limited duties and no policymaking or administrative authority, and (2) when a multi- member body of experts does not wield substantial executive power. In the view of the majority, the CFPB’s leadership structure, which included a sole director wielding substantial power, did not fit within either exception and was therefore unconstitutional.
Despite this determination, the Court held that the restriction limiting the President’s ability to remove the CFPB Director is severable from the rest of the statute, which means the agency may otherwise continue to exercise the powers assigned by Congress with a Director who is removable at the President’s discretion.
This Sidebar explains the Court’s holding in Seila Law, summarizes two partially concurring and dissenting opinions, and previews considerations for Congress.
On June 18, 2020, in the case Department of Homeland Security v. Regents of the University of California, the Supreme Court held in a five-to-four decision that the reasoning the Department of Homeland Security (DHS) offered in support of its decision to rescind the Deferred Action for Childhood Arrivals (DACA) initiative was inadequate and therefore violated the Administrative Procedure Act (APA). The Supreme Court’s decision means that, at least for the time being, the DACA initiative will remain in place, offering the prospect of continued relief from removal and work authorization to the approximately 650,000 current DACA recipients and apparently also to eligible childhood arrivals who have not previously enrolled in the program. The decision, however, is limited in particular respects. It does not prevent the Trump Administration from taking new action to rescind DACA—indeed, the decision reaffirms that the Administration has power to do so, so long as it supplies adequate justification under the APA. The decision also does not address whether DACA itself is legal; instead, it goes no further than to hold that, in rescinding DACA, DHS failed to think through important issues about the available policy options and the interests of current DACA recipients.
On June 15, 2020, the Supreme Court issued a decision in a series of cases brought by gay and transgender workers alleging that their employers violated Title VII of the Civil Rights Act of 1964 (Title VII) by discriminating against them “because of . . . sex.” The Court held 6-3 in Bostock v. Clayton County, Georgia that Title VII forbids employers from firing an individual for being gay or transgender. The Court’s decision in Bostock was consolidated with two other cases, Altitude Express, Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC. (An earlier Sidebar addresses lower court decisions in these cases and provides further background on Title VII.)
This Sidebar explains the Court’s holding in Bostock and highlights some potential implications of the decision for other areas of the law, including the “bona fide occupational qualification” (BFOQ) exception in Title VII; constitutional exceptions and religious-based exemptions to Title VII; various aspects of Title IX of the Education Amendments of 1972 (Title IX); and statutes that incorporate Title IX’s requirements, such as the Affordable Care Act.
More than two decades after the U.S. embassies bombings in Tanzania and Kenya, some plaintiffs who alleged that Sudanese support of Al Qaeda contributed to the attacks have won the opportunity to obtain punitive damages against the government of Sudan. The Supreme Court decided 8-0 (with no participation by Justice Kavanaugh) in Opati v. Republic of Sudan that Congress intended to make punitive damages available on a retroactive basis when it updated the terrorism exception to the Foreign Sovereign Immunities Act (FSIA) in 2008. The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) had decided otherwise, invalidating $4.3 billion in punitive damages and halving the Opati plaintiffs’ award for the embassy bombings. Under Opati, the D.C. Circuit is to reinstate some or all of those punitive damages.
In 2011, Congress enacted major patent reform in the Leahy-Smith America Invents Act (AIA). The AIA, among other things, created inter partes review (IPR), an adversarial procedure during which the U.S. Patent & Trademark Office’s (PTO’s) Patent Trial & Appeal Board (PTAB) reviews the validity of issued patents. In particular, IPR allows any person, other than the patentee, to petition the PTAB for review of a patent.
After receiving a petition, the PTAB may institute an IPR if it determines that “there is a reasonable likelihood that the petitioner would prevail.” However, 35 U.S.C. § 315(b) (the so-called “time-bar”) provides that the PTAB may not institute an IPR if the petition “is filed more than 1 year after the date on which the petitioner . . . is served with a complaint alleging infringement of the patent.” Under 35 U.S.C. § 314(d) (the so-called “no-appeal provision”), moreover, the PTAB’s determination to institute an IPR “under this section shall be final and nonappealable.”
In Thryv, Inc. v. Click-to-Call Technologies, LP, decided on April 20, 2020, the Supreme Court interpreted the no-appeal provision broadly by holding that the PTAB’s determination that an IPR is not time-barred falls within § 314(d) and therefore may not be appealed. (The case was previewed before argument in this CRS sidebar.) The decision in Click-to-Call may have considerable implications for the breadth of the PTAB’s authority moving forward.
On May 7, 2020, a unanimous Supreme Court threw out the federal fraud convictions of two former New Jersey officials whose politically motivated scheme redirected access to toll lanes on the George Washington Bridge between New Jersey and New York leading to gridlock. The federal fraud statutes at issue condemn schemes to obtain money or property. The High Court concluded that the “property” envisioned does not include a governmental entity’s interest in the regulatory allocation of its resources, such as access to lanes on its toll bridges; nor does it include the value of the services of public employees whose efforts are incidental to implementing such a regulatory choice. As the Supreme Court reasoned, “[t]o rule otherwise would undercut [the] Court’s oft-repeated instruction: Federal prosecutors may not use property fraud statutes to set[] standards of disclosure and good government for local and state officials.”
On March 23, 2020, the Supreme Court issued its opinion in Allen v. Cooper, concluding that Congress lacked the authority to enact the Copyright Remedy Clarification Act of 1990 (CRCA), which purported to abrogate state sovereign immunity in copyright infringement actions. The CRCA, which sought to remedy alleged state copyright infringement, provides that any “State, and any [State] instrumentality, officer, or employee” shall be liable for copyright infringement “in the same manner and to the same
extent as any nongovernmental entity.” In Allen, the Supreme Court held that the CRCA was not a valid exercise of Congress’s constitutional powers under Article I or Section 5 of the Fourteenth Amendment, although the opinion leaves open the possibility that a narrower congressional abrogation of state sovereign immunity for copyright suits might be constitutional.
The immediate practical effect of the decision is that copyright holders cannot sue state governments for copyright infringement without their consent. The decision’s broader significance lies in clarifying the
limitations on Congress’s power to provide remedies for state constitutional violations. This Sidebar will review the law of state sovereign immunity, the dispute in Allen v. Cooper, the Court’s opinion, and the implications for Congress.
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QUESTION PRESENTED:
Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado's electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cast her ballot for the winner of the State's popular vote, consistent with Colorado law. The removed elector later sued Colorado for nominal damages.
The questions presented are:
- Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion.
- Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State's popular vote when casting their Electoral College ballots.
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QUESTION PRESENTED:
A Washington State law threatens a fine for presidential electors who vote contrary to how the law directs. RCW 29A.56.340 (2016). Petitioners are three 2016 presidential electors who were fined under this provision solely because they failed to vote as the law directs, namely for the presidential and vice presidential candidates who won a majority of the popular vote in the State.
The question presented is whether enforcement of this law is unconstitutional because:
- a State has no power to legally enforce how a presidential elector casts his or her ballot; and
- a State penalizing an elector for exercising his or her constitutional discretion to vote violates the First Amendment.
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QUESTION PRESENTED:
The District Attorney for the County of New York is conducting a criminal investigation that, by his own admission, targets the President of the United States for possible indictment and prosecution during his term in office. As part of that investigation, he served a grand-jury subpoena on a custodian of the President's personal records, demanding production of nearly ten years' worth of the President's financial papers and his tax returns. That subpoena is the combination-almost a wordfor-word copy-of two subpoenas issued by committees of Congress for these same papers. The Second Circuit rejected the President's claim of immunity and ordered compliance with the subpoena.
The question presented is:
- Whether this subpoena violates Article II and the Supremacy Clause of the United States Constitution.
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19-715 TRUMP V. MAZARS USA, LLP
The Committee on Oversight and Reform of the U.S. House of Representatives has issued a subpoena to the accountant for President Trump and several of his business entities. The subpoena demands private financial records belonging to the President. The D.C. Circuit upheld the subpoena as having a legitimate legislative purpose and being within the statutory authority of the Committee.
The question presented is:
- Whether the Committee has the constitutional and statutory authority to issue this subpoena.
19-760 TRUMP V. DEUTSCHE BANK AG
The Question Presented is:
- Whether three committees of the House of Representatives had the constitutional and statutory authority to issue subpoenas to third-party custodians for the personal records of the sitting President of the United States.
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19-267 OUR LADY OF GUADALUPE SCHOOL V. MORRISSEY-BERRU
The First Amendment's Religion Clauses forbid government interference in a religious group's selection of its ministerial employees. The federal courts of appeals and state courts of last resort have long agreed that the key to determining ministerial status is whether an employee performed important religious functions. This Court's unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC was consistent with that existing analytical consensus, and other circuits and states since 2012 have continued to rely on it. Yet the Ninth Circuit has now twice ruled that, under Hosanna-Tabor, important religious functions alone can never suffice-those functions must always be accompanied by considerations such as a religious title or religious training in order to demonstrate ministerial status.
The question presented is:
- Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious employer, where the employee carried out important religious functions
19-348 ST. JAMES SCHOOL V. BIEL
The First Amendment's Religion Clauses forbid government interference in a religious group's selection of its ministerial employees. The federal courts of appeals and state courts of last resort have long agreed that the key to determining ministerial status is whether an employee performed important religious functions. This Court's unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC was consistent with that existing analytical consensus, and other circuits and states since 2012 have continued to rely on it. Yet the Ninth Circuit has now twice ruled that, under Hosanna-Tabor, important religious functions alone can never suffice-those functions must always be accompanied by considerations such as a religious title or religious training in order to demonstrate ministerial status.
The question presented is:
- Whether the Religion Clauses prevent civil courts from adjudicating employment discrimination claims brought by an employee against her religious employer, where the employee carried out important religious functions.
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QUESTION PRESENTED:
WHETHER OKLAHOMA COURTS CAN CONTINUE TO UNLAWFULLY EXERCISE, UNDER STATE LAW, CRIMINAL JURISDICTION AS"JUSTICIABLE MATTER" IN INDIAN COUNTRY OVER INDIANS ACCUSED OF MAJOR CRIMES ENUMERATED UNDER THE INDIAN MAJOR CRIMES ACT-WHICH ARE UNDER EXCLUSIVE FEDERAL JURISDICTION.
THE MOTION OF PETITIONER FOR APPOINTMENT OF COUNSEL IS GRANTED, AND IAN GERSHENGORN, ESQ. OF WASHINGTON, D.C., IS APPOINTED TO SERVE AS COUNSEL FOR PETITIONER IN THIS CASE
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QUESTION PRESENTED:
The Telephone Consumer Protection Act of 1991 (TCPA), Pub. L. No. 102-243, 105 Stat. 2394, generally prohibits the use of any "automatic telephone dialing system or an artificial or prerecorded voice" to "make any call" to "any telephone number assigned to a * * * cellular telephone service." 47 U.S.C. 227(b)(1)(A)(iii) (Supp. V 2017). The TCPA excepts from that automated-call restriction any "call made for emergency purposes or made with the prior express consent of the called party." Ibid. In 2015, Congress amended the TCPA to create an additional exception for calls "made solely to collect a debt owed to or guaranteed by the United States." Ibid.
Respondents wish to use an automatic telephone dialing system or an artificial or prerecorded voice to make calls to the cell phones of potential or registered voters to solicit political donations and to advise on political and governmental issues. First Am. Compl. ¶¶ 8-10, 12. The court of appeals held that the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment. The court further held that the proper remedy was to sever the government-debt exception, leaving the basic automated-call restriction in place. The question presented is as follows:
Whether the government-debt exception to the TCPA's automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.
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19-431 LITTLE SISTERS OF THE POOR V. PENNSYLVANIA
Since 2011, federal courts have repeatedly considered whether forcing religious objectors to provide health plans that include contraceptive coverage violates the Religious Freedom Restoration Act (RFRA). Over and over again, this Court has reviewed these cases on an emergency basis or on the merits. Yet it has never definitively resolved the RFRA dispute. In 2016, an eight-Justice Court in Zubik v. Burwell did not reach the RFRA question and instead remanded for the parties to try to reach a resolution, on the evident assumption that the executive branch possessed the power to provide broader accommodations and/or exemptions. After months of negotiations (and an intervening election), the agencies finally agreed to promulgate new rules providing a broader exemption, seemingly bringing an end to this long-running dispute.
Those new rules were challenged, however, by several states, resulting in a nationwide injunction on the theory that RFRA and the Affordable Care Act not only do not require, but do not even allow, the religious exemption rules. That nationwide injunction has stagnated other cases, and it conflicts with the judgments of many courts that have issued final orders affirmatively requiring comparable exemptions under RFRA. The rights of religious objectorsincluding the Little Sisters' right to defend an exemption-remain very much at issue.
The questions presented are:
- Whether a litigant who is directly protected by an administrative rule and has been allowed to intervene to defend it lacks standing to appeal a decision invalidating the rule if the litigant is also protected by an injunction from a different court?
- Whether the federal government lawfully exempted religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage?
19-454 TRUMP V. PENNSYLVANIA
The Patient Protection and Affordable Care Act (ACA), 42 U.S.C. 18001 et seq., requires many group health plans and health-insurance issuers that offer group or individual health coverage to provide coverage for preventive services, including women's preventive care, without cost-sharing. See 42 U.S.C. 300gg-13(a). Guidelines and regulations implementing that requirement promulgated in 2011 by the Departments of Health and Human Services, Labor, and the Treasury mandated that such entities cover contraceptives approved by the Food and Drug Administration. The mandate exempted churches, and subsequent rulemaking established an accommodation for certain other entities with religious objections to providing contraceptive coverage. In October 2017, the agencies promulgated interim final rules expanding the exemption to a broad range of entities with sincere religious or moral objections to providing contraceptive coverage. In November 2018, after considering comments solicited on the interim rules, the agencies promulgated final rules expanding the exemption.
The questions presented are as follows:
- Whether the agencies had statutory authority under the ACA and the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bb et seq., to expand the conscience exemption to the contraceptive-coverage mandate.
- Whether the agencies' decision to forgo notice and opportunity for public comment before issuing the interim final rules rendered the final rules-which were issued after notice and comment-invalid under the Administrative Procedure Act, 5 U.S.C. 551 et seq., 701 et seq.
- Whether the court of appeals erred in affirming a nationwide preliminary injunction barring implementation of the final rules.
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QUESTION PRESENTED:
Respondents are United States-based organizations that receive federal funds to fight HIV/AIDS abroad. In Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013), this Court held that the First Amendment bars enforcement of Congress's directive that respondents "have a policy explicitly opposing prostitution and sex trafficking" as a condition of accepting those funds. 22 U.S.C. 7631(f).
- The question presented is whether the First Amendment further bars enforcement of that directive with respect to legally distinct foreign entities operating overseas that are affiliated with respondents.
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QUESTION PRESENTED:
Under the Lanham Act, 15 U.S.C. 1051 et seq., generic terms may not be registered as trademarks.
The question presented is as follows:
- Whether the addition by an online business of a generic top-level domain (".com") to an otherwise generic term can create a protectable trademark.
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CONSOLIDATED WITH 18-1460 AND A TOTAL OF ONE HOUR IS ALLOTTED FOR ORAL ARGUMENT
Case: 18-1323
QUESTION PRESENTED:
In Whole Woman's Health v. Hellerstedt, 136 S. Ct. 2292 (2016), this Court held that a state law requiring physicians who perform abortions to have admitting privileges at a local hospital was unconstitutional because it imposed an undue burden on women seeking abortions. The U.S. Court of Appeals for the Fifth Circuit upheld an admitting privileges law in Louisiana that is identical to the one this Court struck down.
This presents the following issue:
- Whether the Fifth Circuit's decision upholding Louisiana's law requiring physicians who perform abortions to have admitting privileges at a local hospital conflicts with this Court's binding precedent in Whole Woman's Health.
Case: 18-1460
QUESTION PRESENTED:
- Can abortion providers be presumed to have third-party standing to challenge health and safety regulations on behalf of their patients absent a "close" relationship with their patients and a "hindrance" to their patients' ability to sue on their own behalf?
- Are objections to prudential standing waivable (per the Fourth, Fifth, Seventh, Ninth, Tenth, and Federal Circuits) or non-waivable (per the D.C., Second, and Sixth Circuits)?
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QUESTION PRESENTED:
Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as "equitable relief" for a securities law violation even though this Court has determined that such disgorgement is a penalty.
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QUESTION PRESENTED:
Whether the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violates the separation of powers.
IN ADDITION TO THE QUESTION PRESENTED BY THE PETITION, THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: IF THE CONSUMER FINANCIAL PROTECTION BUREAU IS FOUND UNCONSTITUTIONAL ON THE BASIS OF THE SEPARATION OF POWERS, CAN 12 U.S.C. §5491(c)(3) BE SEVERED FROM THE DODD-FRANK ACT?
PAUL D. CLEMENT, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW ON THE QUESTION PRESENTED BY THE PETITION.
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QUESTION PRESENTED:
Respondent is an inadmissible alien who was apprehended almost immediately after illegally crossing the U.S. border and was placed into expedited removal proceedings. See 8 U.S.C. 1225(b)(l). An asylum officer conducted a credible-fear interview and found that respondent lacked a credible fear of persecution on a protected ground or a credible fear of torture. Upon de novo review, an immigration judge reached the same conclusions and respondent's expedited-removal order became final. Respondent then filed a petition for writ of habeas corpus, which the district court dismissed for lack of jurisdiction because it did not raise the kinds of habeas challenges to expedited-removal orders that are permitted under 8 U.S.C. 1252(e)(2). The court of appeals reversed, concluding that Section 1252(e)(2) violated the Suspension Clause, U.S. Const. Art. I, § 9, Cl. 2, as applied to respondent.
The question presented is
- whether, as applied to respondent, Section 1252(e)(2) is unconstitutional under the Suspension Clause.
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QUESTION PRESENTED:
Because of the United States' inviolable obligation not to deport individuals to countries in which they are likely to be subject to torture, individuals who are statutorily ineligible for asylum may request withholding (or deferral) of removal. Such relief is, as courts repeatedly note, a fundamental bulwark to ensure that the government's decision to deport an individual does not result in torture or death.
The courts of appeals have deeply and intractably divided as to whether 8 U.S.C. § 1252(a)(2)(C) divests them of jurisdiction to review factual findings underlying the administrative agency's decision to deny a request for withholding (or deferral) of removal relief. The United States has expressly acknowledged the conflict among the circuits, and it has previously acquiesced to certiorari on this question. This case, unlike those before it, cleanly presents the question for review.
The question presented is:
- Whether, notwithstanding Section 1252(a)(2)(C), the courts of appeals possess jurisdiction to review factual findings underlying denials of withholding (and deferral) of removal relief.
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QUESTION PRESENTED:
A dismissal of a civil action without prejudice for failure to state a claim, is it or is it not a strike under 28 U.S.C. 1915(g)?
Courts have held that, unless otherwise specified, a dismissal for failure to state a claim under Rule 12(b)(6) is presumed to be both a judgment on the merits and to be rendered with prejudice, is this true or false?
“A district court's dismissal under Rule 12(b)(6) is, of course, with prejudice unless it specifically orders dismissal without prejudice, is this true or false? " [l]n the absence of a clear statement to the contrary, a dismissal pursuant to Fed. R. Civ. P. 12(b)(6) is presumed to be with prejudice."
The Fourth Circuit Court decided a dismissal without prejudice for failure to state a claim did not count as a strike under 28 U.S.C.S. 1915(g), but the Tenth Circuit Court decided that a dismissal without prejudice do count as a strike under the Prison Litigation Reform Act of 1995( PLRA)and/or 28 U.S.C.S. 1915(g), which court is right and, is this a legal conflict between these two courts?
Would this statement of the Tenth Circuit be legally right or wrong, A dismissal for failure to state a claim under Rule 12(b)(6) satisfy the plain text of 1915(g) and therefore will count as a strike, without making an y legal interpretation of this provision, inquiry, or analysis thereof in regard to congress intent or purpose? When Congress directly incorporates language with an established legal meaning into a statute, we may infer that Congress intended the language to take on its established meaning. United States v. Langley, 62 F. 3d 602, 605 (4th Cir. 1995) ("It is firmly entrenched that Congress is presumed to enact legislation with knowledge of the law; that is with the knowledge of the interpretation that courts have given to an existing statute."); see also Miles v. Apex Marine Corp., 498 U. S. 19, 32, 111 S. Ct. 317, 112 L. Ed. 2d 275 (1990) (" We assume that Congress is aware of existing law when it passes legislation.").
Is it the Court task here to determine whether Congress intended an action or appeal "that was dismissed on the grounds that it…fails to state a claim upon which relief may be granted" to count as a strike under 28 U.S. C. 1915(g) if that dismissal was specifically designated to be "without prejudice?"
The dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b) (6) is a "judgment on the merits and, the type of prior dismissal for failure to state a claim contemplated by subsection 1915(g) is one that constituted an adjudication on the merits and prejudiced the filing of a subsequent complaint with the same allegations, is this true or false?
Is it true, a dismissal without prejudice for failure to state a claim "does not" fall within the plain and unambiguous meaning of 191S(g)'s·unqualified phrase "dismissed ... [for] fail[ure] to state a claim"? If true, As a result, a dismissal without prejudice for failure to state a claim does not count as a strike, is this true or false?
In any Circuit Court, will it be immaterial to the strikes analysis [whether] the dismissal was without prejudice, as opposed to with prejudice? The U.S. Court of Appeals for the Tenth Circuit stated, " [i}n this circuit, it is immaterial ( Not material; not pertinent; of no consequence) to the strikes analysis [whether] the dismissal was without prejudice," as opposed to with prejudice.
Immaterial issue. An issue which occurs where a material allegation in the pleadings is not answered, but an issue is taken on some point which will not determine the merits of the case, so that the court must be at a loss to determine for which of the parties to give judgment. Garland v. Davis (US) 4 How 131, 146, 11 L Ed 907, 914.
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QUESTION PRESENTED:
Whether the federal criminal prohibition against encouraging or inducing illegal immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(l)(A)(iv) and (B)(i), is facially unconstitutional.
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QUESTION PRESENTED:
The questions presented are:
- Whether a party which knowingly and intentionally twice defaults, acts to delay and not in good faith, and affirmatively elects not to contest a nonjurisdictional legal issue before judgment may nevertheless demonstrate "extraordinary" and "exceptional" circumstances warranting appellate review of the forfeited nonjurisdictional legal issue post-judgment.
- Whether, consistent with this Court's decision in Republic of Austria v. Altmann, 541 U.S. 677 (2004), the Foreign Sovereign Immunities Act applies retroactively; thereby permitting recovery of punitive damages under 28 U.S.C. § l605A(c) against foreign states for terrorist activities occurring prior to the passage of the current version of the statute.
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Case: 18-1584 U.S. FOREST SERVICE V. COWPASTURE RIVER ASSN
QUESTION PRESENTED:
The Appalachian National Scenic Trail (Appalachian Trail) is more than 2000 miles long, extending from Maine to Georgia, with approximately 1000 miles of the Trail crossing through lands within national forests. The National Trails System Act provides that the Appalachian Trail "shall be administered primarily as a footpath by the Secretary of the Interior," 16 U.S.C. 1244(a)(l), and clarifies that "[n]othing contained in [the Act] shall be deemed to transfer among Federal agencies any management responsibilities established under any other law for federally administered lands," 16 U.S.C. 1246(a)(l)(A). Under the Mineral Leasing Act, 30 U.S.C. 181 et seq., the United States Forest Service (Forest Service) has authority to grant certain rights-of-way through lands in the National Forest System, but no federal agency has authority under that statute to grant equivalent rights-of-way through lands in the National Park System. See 30 U.S.C. 185. The question presented is:
Whether the Forest Service has authority to grant rights-of-way under the Mineral Leasing Act through lands traversed by the Appalachian Trail within national forests.
Case: 18-1587 ATLANTIC COAST PIPELINE, LLC V. COWPASTURE RIVER ASSN.
QUESTION PRESENTED:
The Mineral Leasing Act ("MLA'') authorizes federal agencies to grant pipeline rights-of-way over federal lands within their jurisdiction. Exercising that authority, the U.S. Forest Service granted Atlantic Coast Pipeline a right-of-way to cross small portions of the George Washington National Forest, including a 0.1-mile stretch that is approximately 700 feet beneath, and without surface impacts to, the Appalachian National Scenic Trail. While more than 50 pipelines presently cross under that footpath pursuant to similar rights-of-way, the Fourth Circuit concluded in the decision below that the Forest Service-indeed, every federal agency-lacks the power to grant rights-of-way to cross beneath the Trail pursuant to the MLA, rendering the footpath a 2,200-mile barrier separating resource-rich areas to its west from consumers to its east. The court reached that result by deeming more than 1,000 miles of land traversed by the Trail under the control of various federal, state and private entities instead to be considered lands in the National Park System, which, unlike other federal lands, are not subject to rights-of-way under the MLA. In doing so, the court not only rejected the federal government's long- settled views, but has called into question dozens of existing rightsof-way under the Trail and upset petitioner's massive investments in a pipeline designed to get natural gas to Virginia and North Carolina for the benefit of millions of people.
The question presented is:
Whether the Forest Service has the authority under the MLA and National Trails System Act to grant rights-of-way through national forest lands that the Appalachian Trail traverses.
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QUESTION PRESENTED:
Does it violate the Religion Clauses or Equal Protection Clause of the United States Constitution to invalidate a generally available and religiously neutral student- aid program simply because the program affords students the choice of attending religious schools?
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QUESTION PRESENTED:
Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.
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QUESTION PRESENTED:
Whether the determination of a "serious drug offense" under the Armed Career Criminal Act requires the same categorical approach used in the determination of a "violent felony'' under the Act?
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QUESTION PRESENTED:
Federal employees' rights are determined under statutes which require that "all personnel actions effecting employees or applicants for employment ... in executive agencies as defined in Title 5 ... shall be made free from any discrimination ... " See 42 U.S.C.§ 2000e-16(a) (race, color, religion, sex, or national origin) (emphasis added); 29 U.S.C. § 633a(a) (age). This Court, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013) and Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), interpreted the private-sector statutory language "because" in 42 U.S.C. § 2000e-3(a), and ''because of' in 29 U.S.C. § 623(a)(1), respectively, as requiring a private-sector plaintiff to prove but-for causation.
The question presented is:
Whether "shall be made free from any discrimination" permits federal-sector personnel actions that are not made free from any discrimination or retaliation, as long as discrimination or retaliation is not the but-for cause of the personnel action, or rather prohibits personnel actions where discrimination and retaliation is a factor.
A subsidiary question is whether Title VII bans retaliation in federal employment.
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QUESTION PRESENTED:
Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a violation of section 43(a), id. § 1125(a).
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QUESTION PRESENTED:
Does a public official "defraud" the government of its property by advancing a "public policy reason" for an official decision that is not her subjective "real reason" for making the decision?
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QUESTION PRESENTED:
This case presents two independent, substantial legal issues that have divided the courts of appeals regarding when an ERISA plan participant may invoke the remedies Congress explicitly authorized to police fiduciary misconduct and protect federally guaranteed benefits.
Petitioners are participants in a pension plan managed by respondents. After respondents' fiduciary breaches caused $750 million in losses to the plan, petitioners sued, seeking injunctive relief under 29 U.S.C. 1132(a)(3) and restoration of the plan's losses under 29 U.S.C. 1132(a)(2). The Eighth Circuit affirmed dismissal of both claims because petitioners had not yet suffered any individual financial harm-the plan did not (yet) face a risk of default.
In so holding, the Eighth Circuit departed from holdings of other circuits under both Sections 1132(a)(3) and 1132(a)(2), and rejected the long-held position of the Department of Labor, which has repeatedly urged the courts of appeals to let these claims proceed.
The questions presented are:
- May an ERISA plan participant or beneficiary seek injunctive relief against fiduciary misconduct under 29 U.S.C. 1132(a)(3) without demonstrating individual financial loss or the imminent risk thereof?
- May an ERISA plan participant or beneficiary seek restoration of plan losses caused by fiduciary breach under 29 U.S.C. 1132(a)(2) without demonstrating individual financial loss or the imminent risk thereof?
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QUESTION PRESENTED:
In serial litigation between two parties, time tested principles of claim preclusion and issue preclusion govern when parties may and may not litigate issues that were, or could have been, litigated in a prior case. This Court has held that, in a subsequent case between the same parties involving different claims from those litigated in the earlier case, the defendant is free to raise defenses that were not litigated in the earlier case, even though they could have been. The Federal Circuit, Eleventh Circuit, and Ninth Circuit have all held the same in recent years. Their reasoning is straightforward: Claim preclusion does not bar such defenses, because the claims in the second case arise from different transactions and occurrences from the first case, and issue preclusion does not bar them either, because they were never actually litigated. The Second Circuit, however, has now held the opposite. Under the Second Circuit's "defense preclusion" rule, defendants are barred from raising such defenses even if the plaintiff’s claims are distinct from those asserted in the prior case and the defenses were never actually litigated.
The question presented is:
- Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.
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QUESTION PRESENTED:
- Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted.
- Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing
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*QUESTION PRESENTED*
Michelle Monasky, a U.S. citizen married to Domenico Taglieri, an Italian citizen, claimed that Taglieri had repeatedly assaulted her before and during her pregnancy. Monasky returned to the United States with their two-month-old daughter, and Taglieri asked an Italian court to terminate Monasky’s parental rights.
The Italian court ruled in Taglieri’s favor ex parte (without an appearance by Monasky). Taglieri then asked a federal court to require that Monasky return the baby to Italy. The court granted Taglieri’s petition, finding that Italy was the baby’s habitual residence. Both the Sixth Circuit and the U.S. Supreme Court denied Monasky’s motion for a stay pending appeal, so Monasky returned their daughter to Italy. A panel of the Sixth Circuit affirmed the district court’s decision, and then the Sixth Circuit agreed to a rehearing en banc.
The International Child Abduction Remedies Act, 22 U.S.C. § 9001 et seq. implements the Hague Convention in the United States, and the law defines wrongful removal as taking a child in violation of custodial rights “under the law of the State in which the child was habitually resident immediately before the removal.” To determine the child’s habitual residence, a court must look “to the place in which the child has become ‘acclimatized,’ or as a back-up inquiry, “shared parental intent.” Because the child, at two months of age, was too young to acclimate to a country, the relevant inquiry is the parents’ shared intent. The district court is in the best position to make such an inquiry, and, finding no clear error in the district court’s finding as to habitual residence, the Sixth Circuit (en banc) affirmed.
QUESTIONS:
- What is the proper standard of review of a district court’s determination of habitual residence under the Hague Convention—de novo, a deferential version of de novo, or for clear error?
- When an infant is too young to acclimate to her surroundings, is a subjective agreement between the infant‘s parents is necessary to establish her habitual residence under the Hague Convention?
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*Facts of the case*
Gonzalo Holguin was convicted for possession of marijuana with intent to distribute, in violation of federal law, and sentenced to 24 months in prison, followed by two years of supervised release. Holguin was again arrested for possession and intent to distribute, and after that arrest the government filed a petition to revoke the supervised release term. Before the revocation hearing occurred, Holguin pleaded guilty to the second set of charges.
At the revocation hearing, the district court explained the allegations of the revocation petition to Holguin and asked how he pleaded. Holguin answered “True.” Holguin’s attorney argued for a concurrent sentence on the revocation, but the court a 12-month consecutive sentence instead. Holguin appealed the reasonableness of his sentence, and the U.S. Court of Appeals for the Fifth Circuit affirmed, finding Holguin had failed to make a formal objection after the announcement of his sentence.
QUESTION PRESENTED:
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sentence.
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QUESTION PRESENTED:
- Given the "cardinal rule" disfavoring implied repeals-which applies with "especial force" to appropriations acts and requires that repeal not be found unless the later enactment is "irreconcilable" with the former-can an appropriations rider whose text bars the agency's use of certain funds to pay a statutory obligation, but does not repeal or amend the statutory obligation, and is thus not inconsistent with it, nonetheless be held to impliedly repeal the obligation by elevating the perceived "intent" of the rider (drawn from unilluminating legislative history) above its text, and the text of the underlying statute?
- Where the federal government has an unambiguous statutory payment obligation, under a program involving reciprocal commitments by the government and a private company participating in the program, does the presumption against retroactivity apply to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government's obligation?
CONSOLIDATED WITH 18-1028 AND 18-1038, AND A TOTAL OF ONE HOUR IS ALLOTTED FOR ORAL ARGUMENT.
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QUESTION PRESENTED:
The America Invents Act created "inter partes review" ("IPR"), an agency procedure for challenging a patent before the Patent Trial and Appeal Board ("PTAB"). The statute has two provisions relevant here, each of which was interpreted by a divided Federal Circuit sitting en banc. First, 35 U.8.C. § 315(b) provides that "[a]n inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner ... is served with a complaint alleging infringement of the patent." Second, § 314(d) provides that "[t]he determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable."
In a recent case, the en banc Federal Circuit held (with four dissenters) that, notwithstanding§ 314(d), a PTAB decision to institute an IPR after finding that the § 315(b) time bar did not apply was appealable. The panel applied that ruling in this case. Then, the en banc Federal Circuit, again divided (with two dissenters), held in this case that service of a patent infringement complaint that is later dismissed without prejudice triggers the§ 315(b) time bar.
The questions presented are:
- Whether 35 U.8.C. § 314(d) permits appeal of the PTAB's decision to institute an inter partes review upon finding that§ 315(b)'s time bar did not apply.
- Whether 35 U.8.C. § 315(b) bars institution of an inter partes review when the previously served patent infringement complaint, filed more than one year before the IPR petition, had been dismissed without prejudice.
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QUESTION PRESENTED:
18-776
The deadline to file a statutory motion to reopen under 8 U.S.C. § 1229a(c)(7) is subject to equitable tolling; all the courts of appeals are in agreement. But they are in conflict as to whether they have jurisdiction to review an agency's denial of a request for equitable tolling made by someone subject to the "criminal alien bar" pursuant to 8 U.S.C. § 1252(a)(2)(C).
The Fifth and Fourth circuit say review of equitable tolling is a "question of fact" precluded from review under 8 U.S.C. § 1252(a)(2)(C). In contrast, the Ninth circuit says equitable tolling is a "mixed question," i.e., "a question of law," which falls under the jurisdictional savings clause under 8 U.S.C. § 1252(a)(2)(D ).
Therefore, the question presented is:
Is a request for equitable tolling, as it applies to statutory motions to reopen, judicially reviewable as a "question of law?"
18-1015
Following this Court's judgment in Mata v. Lynch, 135 S. Ct. 2150 (2015), the Fifth Circuit joined all of its sister circuits in holding that the statutory deadline for filing a motion to reopen a removal order is subject to equitable tolling. Lugo-Resendez v. Lynch, 831 F 3d 337 (CA5 2016). In so doing, the Fifth Circuit adopted this Courts standard for equitable tolling from Menominee Indian Tribe of Wis. v. United States, 136 S. Ct 750 (2016).
Thereafter, the Fifth Circuit held that it lacked jurisdiction to review the merits of whether a movant (with criminal removability) pursued their rights diligently, thus further dividing a split between the courts of appeals. Penalva v. Sessions, 884 F 3d 521 (CA5 2018). The question presented here is:
- Whether the application of a legal standard to an undisputed set of facts is a question of law, or a pure question of fact that may be barred from judicial review. Or, more specifically:
- Whether the criminal alien bar, 8 U.S.C. §1252(a)(2)(C), tempered by §1252(a)(2)(D), prohibits a court from reviewing an agency decision finding that a movant lacked diligence for equitable tolling purposes, notwithstanding the lack of a factual dispute.
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QUESTION PRESENTED:
Question One: In Gonzalez V. Crosby this Court held that a Rule 60(b) motion that either adds new habeas claim or attacks the court's previous resolution of the habeas claims, should be treated as a successive habeas petition under AEDPA's §2244. Does Gonzalez extend to post-judgment motions filed under Rule 59(e) of the Federal Rules of Civil Procedure?
a. If so, should a timely filed Rule 59(e) motion toll the the time to file a notice of appeal under Federal Rules of Appellate Procedure, Rule 4(a)(4)(A)(iv)?
Question Two: Whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has been recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal?
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-6943_bq7c.pdf
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QUESTION PRESENTED:
Whether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act, 29 U.S.C. 1113(2), which runs from "the earliest date on which the plaintiff had actual knowledge of the breach or violation," bars suit where all of the relevant information was disclosed to the plaintiff by the defendants more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.
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QUESTION PRESENTED:
In a divided decision that conflicts with decisions of federal courts of appeals nationwide, the Supreme Court of Montana held that landowners can pursue common-law claims for "restoration" requiring environmental cleanups at Superfund sites that directly conflict with EPA-ordered cleanups at these sites. The Montana court reached that result for one of the largest, oldest, and most expensive Superfund sites in the country, the Anaconda Smelter site. The court ignored EPA's views that the Superfund statute-the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)-barred the restoration claims and that plaintiffs' preferred remedies would hurt the environment. The state court's holding throws remediation efforts at Anaconda and other massive sites into chaos and opens the door for thousands of private individuals to select and impose their own remedies at CERCLA sites at a potential cost of many millions of dollars per site.
The questions presented are:
- Whether a common-law claim for restoration seeking cleanup remedies that conflict with EPA-ordered remedies is a "challenge" to EPA's cleanup jurisdictionally barred by § 113 of CERCLA.
- Whether a landowner at a Superfund site is a "potentially responsible party" that must seek EPA's approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup.
- Whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.
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QUESTION PRESENTED:
The Internal Revenue Code permits affiliated corporate groups-consisting of a parent corporation and its subsidiaries-to file a consolidated income tax return. 26 U.S.C. §§ 1501, 1504(a). When the Internal Revenue Service issues a tax refund to an affiliated group, that refund is made "directly to and in the name of” the parent corporation, even if the refund arises in whole or in part from the losses of a corporate subsidiary. 26 C.F.R. § 1.1502-77(c), (d)(5).
Three Circuits, including the court below, have adopted a federal common law rule known as the "Bob Richards rule," under which a tax refund paid to an affiliated group is presumed to belong to the corporate subsidiary whose losses gave rise to the refund unless the parties clearly agree otherwise. Four Circuits reject that rule, and instead determine ownership of a tax refund based on applicable state law.
The question presented is:
- Whether courts should determine ownership of a tax refund paid to an affiliated group based on the federal common law "Bob Richards rule," as three Circuits hold, or based on the law of the relevant State, as four Circuits hold.
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QUESTION PRESENTED:
This Court has held, as a matter of "public policy," that judicial opinions are not copyrightable. Banks v. Manchester, 128 U.S. 244, 253-254 (1888). Lower courts have extended that holding to state statutes. See, e.g., John G. Danielson, Inc. v. Winchester-Conant Props., Inc., 322 F.3d 26, 38 (1st Cir. 2003). But the rule that "government edicts” cannot be copyrighted has "proven difficult to apply when the material in question does not fall neatly into the categories of statutes or judicial opinions." Ibid.
The question presented is:
- Whether the government edicts doctrine extends to-and thus renders uncopyrightable-works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated.
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PRESENTED QUESTION:
New York City prohibits its residents from possessing a handgun without a license, and the only license the City makes available to most residents allows its holder to possess her handgun only in her home or en route to one of seven shooting ranges within the city. The City thus bans its residents from transporting a handgun to any place outside city limits-even if the handgun is unloaded and locked in a container separate from its ammunition, and even if the owner seeks to transport it only to a second home for the core constitutionally protected purpose of self-defense, or to a more convenient out-of-city shooting range to hone its safe and effective use.
The City asserts that its transport ban promotes public safety by limiting the presence of handguns on city streets. But the City put forth no empirical evidence that transporting an unloaded handgun, locked in a container separate from its ammunition, poses a meaningful risk to public safety. Moreover, even if there were such a risk, the City's restriction poses greater safety risks by encouraging residents who are leaving town to leave their handguns behind in vacant homes, and it serves only to increase the frequency of handgun transport within city limits by forcing many residents to use an incity range rather than more convenient ranges elsewhere.
The question presented is:
- Whether the City's ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.
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QUESTION PRESENTED:
Whether an order denying a motion for relief from the automatic stay is a final order under 28 U.S.C. § 158(a) (1). In diverting from this Court's prior precedent, and in conflict with the First and Third Circuit Courts of Appeal, the Sixth Circuit ruled that an order denying relief from the automatic stay is per se final.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-938_k536.pdf
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QUESTION PRESENTED:
Entertainment Studios Networks ("ESN") owns several television networks that it sought to have carried on Comcast's cable system. Comcast and ESN met multiple times to discuss a potential deal, but Comcast ultimately declined to carry ESN's networks. ESN's response was to sue Comcast, claiming that Comcast's decision was based on an outlandish racist conspiracy between Comcast, the NAACP, and other civilrights groups and leaders to disadvantage wholly African American-owned networks in violation of 42U.S.C. § 1981.
The district court dismissed ESN's complaint three times, but the Ninth Circuit reversed. The court first ruled that Section 1981 does not require but-for causation, thereby exacerbating a conflict with the decisions of five other courts of appeals. It then held that ESN's claim was plausible despite the alternative explanations for Comcast's conduct on the face of the complaint, and the complaint's failure to allege facts showing that the other companies with which Comcast contracted were similarly situated to ESN.
The questions presented are:
- Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?
- Can a plaintiff state a plausible claim for relief if the complaint does not allege facts tending to exclude obvious alternative explanations for the challenged conduct and does not allege facts to support all elements of the claim?
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-1171_ljgm.pdf
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QUESTION PRESENTED:
- Whether, when plaintiffs plausibly allege that a rogue federal law enforcement officer violated clearly established Fourth and Fifth Amendment rights for which there is no alternative legal remedy, the federal courts can and should recognize a damages claim under Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971)?
- If not, whether the Westfall Act violates the Due Process Clause of the Fifth Amendment insofar as it preempts state-law tort suits for damages against rogue federal law enforcement officers acting within the scope of their employment for which there is no alternative legal remedy.
Argument Transcript:https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/17-1678_21p3.pdf
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QUESTION PRESENTED:
This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related Department of Homeland Security (DHS) discretionary enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy.
The questions presented are as follows:
- Whether DHS's decision to wind down the DACA policy is judicially reviewable
- Whether DHS's decision to wind down the DACA policy is lawful.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-587_1bn2.pdf
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QUESTION PRESENTED:
In Fifth Third Bancorp v. Dudenhoeffer, this Court unanimously held that to state a claim under the Employee Retirement Income Security Act of 1974 ("ERISA''), 29 U.S.C. § 1001 et seq., for breach of the fiduciary duty of prudence based on inside information, a plaintiff must "plausibly allege[] that a prudent fiduciary in the defendant's position could not have concluded that [an alternative action] would do more harm than good to the fund." 573 U.S. 409, 429-30 (2014); accord Amgen Inc. v. Harris, 136 S. Ct. 758 (2016). The Court designed this "context specific" standard to deter the kind of meritless suits lower courts had eliminated through a presumption of prudence (which the Court rejected) and to "readily divide the plausible sheep from the meritless goats" at the pleading stage. 573 U.S. at 425.
In the decision below, the Court of Appeals subverted that pleading standard and opened a circuit split by relying on boilerplate allegations that the harm of an eventual disclosure of an alleged fraud typically increases the longer the fraud continues. Those allegations "always" can be, and routinely are, pleaded in support of a Fifth Third claim. Other courts of appeals have rejected the same allegations as insufficient as a matter of law, in order to avoid undermining the pleading standard imposed by Fifth Third and Amgen and to deter meritless ERISA suits.
The question presented is:
- Whether Fifth Third's "more harm than good" pleading standard can be satisfied by generalized allegations that the harm of an inevitable disclosure of an alleged fraud generally increases over time.
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QUESTION PRESENTED:
A Kansas officer ran a registration check on a pickup truck and learned that the registered owner's license had been revoked. Suspecting that the owner was unlawfully driving, the officer stopped the truck, confirmed that the owner was driving, and issued the owner a citation for being a habitual violator of Kansas traffic laws. The Kansas Supreme Court, breaking with 12 state supreme courts and 4 federal circuits, held the stop violated the Fourth Amendment.
The question presented is whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-556_bqmd.pdf
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QUESTION PRESENTED:
Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-565_aplc.pdf
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QUESTION PRESENTED:
Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749 (1990), in providing remedies for authors of original expression whose federal copyrights are infringed by States.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-877_6jfm.pdf
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QUESTION PRESENTED:
In the Clean Water Act (CWA), Congress differentiated between point source and nonpoint source pollution in controlling pollution of navigable waters. The CWA regulates point source pollution through permits, while nonpoint source pollution is controlled through federal oversight of state management programs and other non-CWA programs.
This Court and several courts of appeals have read the CWA's line dividing point source and nonpoint source pollution to turn on whether pollutants are delivered to navigable waters by a point source.
Parting with those cases, the Ninth Circuit concluded that point source pollution also includes pollutants that reach navigable waters by nonpoint sources so long as the pollutants can be "traced" in more than "de minimis" amounts to a point source. This holding expands CWA permitting to millions of sources previously regulated as nonpoint source pollution.
The questions presented are:
- Whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater.
- Whether the County of Maui had fair notice that a CWA permit was required for its underground injection control wells that operated without such a permit for nearly 40 years.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-260_8mjp.pdf
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QUESTION PRESENTED:
Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be "render[ed] ... inadmissible" for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(l).
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-725_g314.pdf
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QUESTION PRESENTED:
In Miller v. Alabama, 567 U.S. 460 (2012), this Court held that "mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishments.'" Id. at 465. Four years later, in Montgomery v. Louisiana, 136 S. Ct. 718 (2016), the Court held that "Miller announced a substantive rule of constitutional law" that, under Teague v. Lane, 489 U.S. 288 (1989), must be given "retroactive effect" in cases where direct review was complete when Miller was decided. Montgomery, 136 S. Ct. at 736.
The question presented is:
Did the Fourth Circuit err in concluding-in direct conflict with Virginia's highest court and other courts-that a decision of this Court (Montgomery) addressing whether a new constitutional rule announced in an earlier decision (Miller) applies retroactively on collateral review may properly be interpreted as modifying and substantively expanding the very rule whose retroactivity was in question?
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-217_k5fl.pdf
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QUESTION PRESENTED:
Whether the "discovery rule" applies to toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., as the Fourth and Ninth Circuits have held but the Third Circuit (sua sponte en banc) has held contrarily.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-328_l6gn.pdf
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QUESTION PRESENTED:
In 1986, Congress enacted the Immigration Reform and Control Act CIRCA (IRCA). IRCA made it illegal to employ unauthorized aliens, established an employment eligibility verification system, and created various civil and criminal penalties against employers who violate the law. 8 U.S.C. § 1324a. Regulations implementing IRCA created a "Form I-9" that employers are required to have all prospective employees complete-citizens and aliens alike.
IRCA contains an "express preemption provision, which in most instances bars States from imposing penalties on employers of unauthorized aliens," Arizona v. United States, 567 U.S. 387, 406 (2012), but IRCA "is silent about whether additional penalties may be imposed against the employees themselves." Id. IRCA also provides that "[the Form I-9] and any information contained in or appended to such form, may not be used for purposes other than enforcement of [chapter 12 of Title 8] and sections 1001, 1028, 1546, and 1621 of Title 18." 8 U.S.C. § 1324a(b)(5).
Here, Respondents used other peoples' social security numbers to complete documents, including a Form I-9, a federal W-4 tax form, a state K-4 tax form, and an apartment lease. Kansas prosecuted Respondents for identity theft and making false writings without using the Form I-9, but the Kansas Supreme Court held that IRCA expressly barred these state prosecutions. This petition presents two questions, depending on the answer to the first question:
- Whether IRCA expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications.
- If IRCA bars the States from using all such information for any purpose, whether Congress has the constitutional power to so broadly preempt the States from exercising their traditional police powers to prosecute state law crimes.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/17-834_jifl.pdf
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QUESTION PRESENTED:
Whether the Appointments Clause governs the appointment of members of the Financial Oversight and Management Board for Puerto Rico.
CONSOLIDATED WITH 18-1475, 18-1496, 18-1514 AND 18-1521, AND WILL BE SET FOR ARGUMENT IN THE SECOND WEEK OF THE OCTOBER 2019 ARGUMENT SESSION.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-1334_dc8f.pdf
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QUESTION PRESENTED:
- Whether the word "sex" in Title VII's prohibition on discrimination "because of ... sex," 42 U.S.C. 2000e-2(a)(l), meant "gender identity" and included "transgender status" when Congress enacted Title VII in 1964.
- Whether Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), prohibits employers from applying sex-specific policies according to their employees' sex rather than their gender identity.
GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER TITLE VII PROHIBITS DISCRIMINATION AGAINST TRANSGENDER PEOPLE BASED ON (1) THEIR STATUS AS TRANSGENDER OR (2) SEX STEREOTYPING UNDER PRICE WATERHOUSE v. HOPKINS, 490 U. S. 228 (1989).
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-107_c18e.pdf
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QUESTION PRESENTED:
Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination "because of... sex" within the meaning of Title VII of the Civil Rights Act of 1964, 42U.S.C. § 2000e-2.
CONSOLIDATED WITH 17-1623 FOR ONE HOUR ORAL ARGUMENT.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/17-1618_7k47.pdf
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QUESTION PRESENTED:
Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict?
THE MOTION OF PETITIONER FOR APPOINTMENT OF COUNSEL IS GRANTED, AND G. BEN COHEN, ESQ., OF NEW ORLEANS, LOUISIANA, IS APPOINTED TO SERVE AS COUNSEL FOR PETITIONER IN THIS CASE.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-5924_4gcj.pdf
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QUESTION PRESENTED:
When the United States Patent and Trademark Office (USPTO) denies a patent application, the Patent Act gives the unsuccessful applicant two avenues for seeking judicial review of the agency's decision. The applicant may appeal directly to the Federal Circuit, 35 U.S.C. 141, which "shall review the decision from which an appeal is taken on the record before the [USPTO],” 35 U.S.C. 144. Alternatively, the applicant may bring a civil action against the Director of the USPTO in district court, where the applicant may present additional evidence. 35 U.S.C. 145. If the applicant elects to bring such an action, "[a]ll the expenses of the proceedings shall be paid by the applicant." Ibid. The question presented is as follows:
Whether the phrase "[a]ll the expenses of the proceedings" in 35 U.S.C. 145 encompasses the personnel expenses the USPTO incurs when its employees, including attorneys, defend the agency in Section 145 litigation.
Argument Transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-801_7kh7.pdf
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QUESTION PRESENTED:
Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense?
Transcript to Argument: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-6135_5h26.pdf
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