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Comptroller v. Wynne

Docket No. Op. Below Argument Opinion Vote Author Term
13-485 Md. Nov 12, 2014
Tr.Aud.
May 18, 2015 5-4 Alito OT 2014

Holding: Maryland’s personal income tax scheme, which taxes income that its residents earn both within and outside the state but does not provide residents with a full credit against the income taxes that they pay to other states, violates the dormant Commerce Clause.

Judgment: Affirmed, 5-4, in an opinion by Justice Alito on May 18, 2015. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined as to Parts I and II. Justice Thomas filed a dissenting opinion in which Justice Scalia joined except as to the first paragraph. Justice Ginsburg filed a dissenting opinion, in which Justices Scalia and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 23 2013Application (13A126) to extend the time to file a petition for a writ of certiorari from August 15, 2013 to October 14, 2013, submitted to The Chief Justice.
Jul 30 2013Application (13A126) granted by The Chief Justice extending the time to file until October 14, 2013.
Oct 13 2013Petition for a writ of certiorari filed. (Response due November 18, 2013)
Nov 6 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 15 2013Order extending time to file response to petition to and including December 18, 2013.
Nov 18 2013Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Nov 26 2013Brief of respondents Brian Wynne, and Karen Wynne in opposition filed.
Dec 10 2013Reply of petitioner Comptroller of the Treasury of Maryland filed.
Dec 11 2013DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 4 2014Brief amicus curiae of United States filed.
Apr 21 2014Supplemental brief of respondents Brian Wynne, and Karen Wynne filed.
Apr 22 2014DISTRIBUTED for Conference of May 15, 2014.
May 19 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014Petition GRANTED.
Jun 5 2014Record received from Court of Appeals of Maryland. 1 Box.
Jun 11 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party , received from counsel for the petitioner.
Jun 13 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jul 10 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 29, 2014.
Jul 10 2014The time to file respondents' brief on the merits is extended to and including September 19, 2014.
Jul 29 2014Joint appendix filed.
Jul 29 2014Brief of petitioner Comptroller of the Treasury of Maryland filed.
Aug 1 2014Brief amicus curiae of United States filed.
Aug 5 2014Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Aug 5 2014Brief amicus curiae of Multistate Tax Commission filed.
Aug 26 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 4 2014SET FOR ARGUMENT on Wednesday, November 12, 2014.
Sep 19 2014CIRCULATED
Sep 19 2014Brief of respondents Brian Wynne, et ux. filed. (Distributed)
Sep 26 2014Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Sep 26 2014Brief amicus curiae of American Association of Attorney-Certified Public Accountants, Inc. filed. (Distributed)
Sep 26 2014Brief amicus curiae of National Association of Publicly Traded Partnerships filed. (Distributed)
Sep 26 2014Brief amicus curiae of Maryland Chamber of Commerce filed. (Distributed)
Sep 26 2014Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Sep 26 2014Brief amici curiae of Michael S. Knoll, and Ruth Mason filed. (Distributed)
Sep 26 2014Brief amicus curiae of Council on State Taxation filed. (Distributed)
Sep 26 2014Brief amicus curiae of Tax Foundation filed. (Distributed)
Sep 26 2014Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)
Sep 26 2014Brief amicus curiae of Tax Executives Institute, Inc. filed. (Distributed)
Sep 26 2014Brief amicus curiae of Tax Economists filed. (Distributed)
Oct 15 2014Application (14A403) to extend the time to file a reply brief on the merits from October 20, 2014 to October 23, 2014, submitted to The Chief Justice.
Oct 16 2014Application (14A403) granted by The Chief Justice extending the time to file until October 23, 2014.
Oct 20 2014Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 21 2014Application (14A426) to extend further the time within which to file petitioner's reply brief on the merits from October 23, 2014 to October 27, 2014, submitted to The Chief Justice.
Oct 22 2014Application (14A426) granted by The Chief Justice extending the time to file until October 24, 2014.
Oct 24 2014Reply of petitioner Comptroller of the Treasury of Maryland filed. (Distributed)
Nov 12 2014Argued. For petitioner: William F. Brockman, Acting Solicitor General, Baltimore, Md.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Dominic F. Perella, Washington, D. C.
May 18 2015Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined as to Parts I and II. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined except as to the first paragraph. Ginsburg, J., filed a dissenting opinion, in which Scalia and Kagan, JJ., joined.
 
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