Supreme Court of the United States

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.

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 |

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.

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.

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.

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.

QUESTION PRESENTED:

1. Whether appellees have standing to challenge the statutory loan-repayment limit of 52 U.S.C. 30116(j); and
2. 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.

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.

QUESTION PRESENTED:

1. 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;
2. 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 
3. 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 |

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.