Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

All Nippon Airways v. Wortman

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-659 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the filed-rate doctrine—which the Supreme Court firmly established in Keogh v. Chicago & Northwest Railway Co. and reaffirmed in Square D Co. v. Niagara Frontier Tariff Bureau, Inc.—still applies where rates are filed with a federal agency pursuant to a statutory regulatory scheme (as held by the U.S. Courts of Appeals for the 1st, 2nd, and 7th Circuits), or whether it no longer applies to such rates if a court finds the agency lacks sufficient “practical ability” to regulate those rates (as held by the U.S. Court of Appeals for the 9th Circuit below); and (2) whether, and to what extent, the filed-rate doctrine applies where a federal agency retains regulatory authority over rates, but chooses to exercise that authority by establishing a regulatory system, which it periodically revisits and revises, that does not require each rate to be literally filed with the agency.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 11 2017Application (17A168) to extend the time to file a petition for a writ of certiorari from September 4, 2017 to October 18, 2017, submitted to Justice Kennedy.
Aug 14 2017Application (17A168) granted by Justice Kennedy extending the time to file until October 18, 2017.
Oct 18 2017Petition for a writ of certiorari filed. (Response due December 4, 2017)
Oct 23 2017Waiver of right of respondents Daniel Wortman, et al. to respond filed.
Nov 08 2017DISTRIBUTED for Conference of 12/1/2017.
Nov 13 2017Response Requested. (Due December 13, 2017)
Nov 20 2017Motion to extend the time to file a response from December 13, 2017 to February 9, 2018, submitted to The Clerk.
Nov 28 2017Order extending time to file response to petition to and including February 9, 2018.
Dec 13 2017Brief amicus curiae of International Air Transport Association filed.
Term Snapshot