Supreme Court of the United States

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.

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.

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 |

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 2...

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)

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 |

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 |

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)

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.

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.