Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board

Petition for certiorari denied on May 28, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-928 D.C. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the court failed to cure the violation of the Appointments Clause because, despite the judicial revision of 17 U.S.C. § 802(i) to permit the Librarian of Congress to fire Copyright Royalty Judges without cause, Copyright Royalty Judges are principal officers because they retain the power to render a final decision on behalf of the United States; and (2) whether, even if the court’s remedy demoted the judges, it failed to cure the constitutional violation because the Librarian of Congress is not the Head of an Executive Branch Department and thus may not appoint officers of the United States; and (3) whether, even if the remedy chosen by the court cured the constitutional defect, the court nevertheless should have let Congress select the appropriate remedy.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 14 2012Application (12A501) to extend the time to file a petition for a writ of certiorari from November 26, 2012 to December 26, 2012, submitted to The Chief Justice.
Nov 16 2012Application (12A501) granted by The Chief Justice extending the time to file until December 26, 2012.
Dec 14 2012Application (12A501) to extend further the time from December 26, 2012 to January 25, 2013, submitted to The Chief Justice.
Dec 17 2012Application (12A501) granted by The Chief Justice extending the time to file until January 25, 2013.
Jan 25 2013Petition for a writ of certiorari filed. (Response due February 25, 2013)
Jan 25 2013Appendix of Intercollegiate Broadcasting System, Inc. filed.
Feb 4 2013Order extending time to file response to petition to and including March 27, 2013, for all respondents.
Feb 25 2013Brief amicus curiae of John F. Duffy filed.
Feb 25 2013Brief amicus curiae of National Religious Broadcasters Music License Committee filed.
Mar 20 2013Order further extending time to file response to petition to and including April 26, 2013, for all respondents.
Apr 26 2013Brief of respondent Federal Respondents in opposition filed.
Apr 26 2013Brief of respondent SoundExchange in opposition filed.
Apr 28 2013Waiver of right of respondent College Broadcasters, Inc. to respond filed.
May 6 2013Reply of petitioner Intercollegiate Broadcasting System, Inc. filed.
May 7 2013DISTRIBUTED for Conference of May 23, 2013.
May 28 2013Petition DENIED.
 
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