Editor's Note :

Editor's Note :

The Supreme Court will release orders from the May 24 conference on Tuesday at 9:30 a.m. There is a possibility of opinions at 10 a.m. We will live-blog at this link.

Director of the Department of Revenue of Montana v. Department of the Treasury

Petition for certiorari denied on May 28, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-926 3d Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the federal savings bond statute and regulations impliedly preempt longstanding state unclaimed property laws, where the statute and regulations are wholly silent on the treatment of unclaimed bonds and where Congress has expressly preempted state unclaimed property laws in numerous other contexts; and (2) whether application of state unclaimed property laws to unclaimed U.S. savings bonds owned by state residents violates the intergovernmental immunity doctrine, where these laws reflect the states’ exercise of constitutionally reserved escheat power.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 3 2012Application (12A569) to extend the time to file a petition for a writ of certiorari from December 26, 2012 to January 23, 2013, submitted to Justice Alito.
Dec 5 2012Application (12A569) granted by Justice Alito extending the time to file until January 23, 2013.
Jan 23 2013Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 20 2013Order extending time to file response to petition to and including March 27, 2013.
Feb 25 2013Brief amici curiae of Kentucky, et al. filed.
Mar 26 2013Order further extending time to file response to petition to and including April 26, 2013.
Apr 26 2013Brief of respondents Department of the Treasury, et al. in opposition filed.
May 6 2013Reply of petitioners Director of the Department of Revenue of Montana, et al. filed.
May 7 2013DISTRIBUTED for Conference of May 23, 2013.
May 28 2013Petition DENIED.
Term Snapshot