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DIRECTV, LLC v. Massachusetts

Petition for certiorari denied on November 2, 2015

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Docket No. Op. Below Argument Opinion Vote Author Term
14-1499 Mass. N/A N/A N/A N/A OT 2015

Issue: Whether the threshold requirement that two businesses be “similarly situated” for Commerce Clause purposes depends on whether they directly compete in the relevant market (which is how three circuits and three state supreme courts analyze the issue), or whether it instead encompasses a wide-ranging inquiry into the justifications for the law and operational differences (as four circuits and one state supreme court have held).

DateProceedings and Orders (key to color coding)
Apr 21 2015Application (14A1087) to extend the time to file a petition for a writ of certiorari from May 19, 2015 to June 18, 2015, submitted to Justice Breyer.
Apr 24 2015Application (14A1087) granted by Justice Breyer extending the time to file until June 18, 2015.
Jun 18 2015Petition for a writ of certiorari filed. (Response due July 22, 2015)
Jun 24 2015Waiver of right of respondent Massachusetts Department of Revenue to respond filed.
Jul 8 2015DISTRIBUTED for Conference of September 28, 2015.
Jul 8 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jul 21 2015Brief amici curiae of Forty-Seven Constitutional Law Professors filed. VIDED.
Jul 21 2015Brief amicus curiae of National Association of Wine Retailers filed. VIDED.
Jul 23 2015Response Requested . (Due August 24, 2015)
Aug 7 2015Order extending time to file response to petition to and including September 23, 2015.
Aug 11 2015Letter of petitioner indicating material changes in the corporate disclosure statement of DIRECTV, Inc. filed.
Sep 23 2015Brief of respondent Massachusetts Department of Revenue in opposition filed.
Oct 6 2015Reply of petitioners DIRECTV, LLC, et al. filed. (Distributed)
Oct 7 2015DISTRIBUTED for Conference of October 30, 2015.
Nov 2 2015Petition DENIED.