Editor's Note :

On Tuesday, May 28, at 9:30 a.m. we expect orders from the May 23 Conference. We expect opinions in argued cases at 10 a.m. We will begin live blogging shortly before 9:30.

Horne v. Department of Agriculture

Docket No. Op. Below Argument Opinion Vote Author Term
12-123 9th Cir. Mar 20, 2013
Tr.Aud. 		TBD TBD TBD OT 2012
 

Issue: (1) Whether the Ninth Circuit erred in holding, contrary to the decisions of five other Circuit Courts of Appeals, that a party may not raise the Takings Clause as a defense to a “direct transfer of funds mandated by the Government,” Eastern Enterprises v. Apfel, but instead must pay the money and then bring a separate, later claim requesting reimbursement of the money under the Tucker Act in the Court of Federal Claims; and (2) whether the Ninth Circuit erred in holding, contrary to a decision of the Federal Circuit, that it lacked jurisdiction over petitioners’ takings defense, even though petitioners, as “handlers” of raisins under the Raisin Marketing Order, are statutorily required under 7 U.S.C. § 608c(15) to exhaust all claims and defenses in administrative proceedings before the United States Department of Agriculture, with exclusive jurisdiction for review in federal district court.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 4 2012Administrative record from U.S. Dept. of Justice is electronic.
May 29 2012Application (11A1125) to extend the time to file a petition for a writ of certiorari from June 10, 2012 to August 9, 2012, submitted to Justice Kennedy.
Jun 1 2012Application (11A1125) granted by Justice Kennedy extending the time to file until July 25, 2012.
Jul 25 2012Petition for a writ of certiorari filed. (Response due August 27, 2012)
Aug 21 2012Order extending time to file response to petition to and including September 26, 2012.
Aug 27 2012Brief amici curiae of Cato Institute, et al. filed.
Sep 19 2012Order further extending time to file response to petition to and including October 26, 2012.
Oct 26 2012Brief of respondent Department of Agriculture in opposition filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 5 2012Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Nov 20 2012Petition GRANTED.
Dec 21 2012The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 9, 2013.
Dec 21 2012The time to file respondent's brief on the merits is extended to and including February 12, 2013.
Jan 7 2013SET FOR ARGUMENT ON Wednesday, March 20, 2013
Jan 9 2013Brief of petitioners Marvin D. Horne, et al. filed.
Jan 9 2013Joint appendix filed. (Statement of costs received)
Jan 16 2013Brief amici curiae of Cato Institute, et al. filed.
Jan 16 2013Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 16 2013Brief amici curiae of Constitutional Law Scholars filed.
Jan 16 2013Brief amicus curiae of Texas filed.
Jan 18 2013Record from U.S.C.A. for 9th Circuit is electronic.
Jan 18 2013Record from U.S.D.C. for Eastern Districtof California (Fresno) is electronic.
Jan 23 2013CIRCULATED.
Feb 4 2013Administrative record from U.S. Dept. of Justice is electronic.
Feb 12 2013Brief of respondent Department of Agriculture filed. (Distributed)
Feb 19 2013Brief amicus curiae of International Municipal Lawyers Association filed. (Distributed)
Feb 19 2013Brief amicus curiae of Sun-Maid Growers of California filed. (Distributed)
Mar 13 2013Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Mar 20 2013Argued. For petitioners: Michael W. McConnell, Washington, D. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.