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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...
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.
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
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 cur...
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:
1. 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.
2. 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 |
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.
QUESTION PRESENTED:
1. 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?
2. 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 |
QUESTION PRESENTED:
1. 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.
2. 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 |
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 | ...
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 |
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