Editor's Note :

Editor's Note :

On Wednesday the court hears oral argument in Sandoz Inc. v. Amgen Inc. John Duffy has our preview.
On Wednesday the court also hears oral argument in Maslenjak v. United States. Amy Howe has our preview.

Patchak v. Zinke

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-498 D.C. Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a statute directing the federal courts to “promptly dismiss” a pending lawsuit following substantive determinations by the courts (including this court's determination that the “suit may proceed”) – without amending the underlying substantive or procedural laws – violates the Constitutions separation of powers principles; and (2) whether a statute which does not amend any generally applicable substantive or procedural laws, but deprives the petitioner of the right to pursue his pending lawsuit, violates the due process clause of the Fifth Amendment.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 11 2016Petition for a writ of certiorari filed. (Response due November 14, 2016)
Nov 11 2016Brief of respondent Match-E-Be-Nash-She-Wish band of Pottawatomi Indians in opposition filed.
Nov 14 2016Waiver of right of respondent Sally Jewel, Secretary of the Interior, et al. to respond filed.
Nov 14 2016Motion for leave to file amici brief filed by Federal Courts Scholars.
Nov 28 2016Opposition of intervenor-respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, to motion for leave to file amicus curiae brief of Federal Courts Scholars filed.
Nov 30 2016DISTRIBUTED for Conference of January 6, 2017.
Dec 15 2016Response Requested . (Due January 17, 2017)
Jan 12 2017Order extending time to file response to petition to and including February 16, 2017.
Feb 15 2017Order further extending time to file response to petition to and including March 20, 2017.
Mar 20 2017Brief of Federal Respondents in opposition filed.
Apr 3 2017Reply of petitioner David Patchak filed.
Apr 5 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 24 2017DISTRIBUTED for Conference of April 28, 2017.
Term Snapshot