Editor's Note :

Editor's Note :

On Monday, we expect orders from the June 22 Conference at 9:30 a.m. and the final opinions of the term at 10 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

Flytenow, Inc. v. Federal Aviation Administration

Petition for certiorari denied on January 9, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-14 D.C. Cir. N/A N/A N/A N/A OT 16

Issues: (1) What, if any, deference is due an agency's interpretation when it predominately interprets terms of common law in which courts, not administrative agencies, have special competence; (2) whether the circuit court erred when it held, in contravention of this Court's long-standing definition of “common carrier,” that pilots who use the Internet to communicate are “common carriers” when those pilots do not earn a commercial profit or indiscriminately offer to share their travel plans with the general public, thus warranting remand; and (3) whether the circuit court erred in holding that the Federal Aviation Administration could, consistent with the First Amendment, lawfully discriminate against content-based Internet communications because of the message conveyed and the means chosen by pilots to convey it.

SCOTUSblog Coverage

DateProceedings and Orders
May 10 2016Application (15A1168) to extend the time to file a petition for a writ of certiorari from May 24, 2016 to June 24, 2016, submitted to The Chief Justice.
May 12 2016Application (15A1168) granted by The Chief Justice extending the time to file until June 24, 2016.
Jun 24 2016Petition for a writ of certiorari filed. (Response due August 1, 2016)
Jun 27 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 25 2016Brief amici curiae of Cato Institute, et al. filed.
Jul 29 2016Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Aug 1 2016Waiver of right of respondent Federal Aviation Administration to respond filed.
Aug 10 2016DISTRIBUTED for Conference of September 26, 2016.
Aug 12 2016Response Requested . (Due September 12, 2016)
Sep 8 2016Order extending time to file response to petition to and including October 12, 2016.
Sep 29 2016Order further extending time to file response to petition to and including November 14, 2016.
Nov 14 2016Brief of respondent Federal Aviation Administration in opposition filed.
Nov 23 2016Reply of petitioner Flytenow, Inc. filed.
Nov 30 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017Petition DENIED.
 
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