Issue: (1) Whether the United States Court of Appeals for the Third Circuit misinterpreted United States v. Munsingwear, and thus improperly relied on the district court’s factual findings and legal rulings in an earlier case that was vacated as moot while on appeal, even though other courts of appeals have interpreted Munsingwear as rendering a vacated decision a nullity, as if it the case had never been filed, and draining its factual findings of all vitality; (2) whether the United States Court of Appeals for the Third Circuit misconstrued Rule 60(b)(5) of the Federal Rules of Civil Procedure, as this Court has interpreted that rule in Board of Education of Oklahoma City Public Schools v. Dowell and Rufo v. Inmates of Suffolk County Jail by deeming substantial compliance with a consent decree over more than two decades insufficient to justify termination, even though other courts of appeals have held that the defendant’s good faith and substantial compliance with a decree over a long period of time is a ground, standing alone, for terminating the decree; and (3) whether the United States Court of Appeals for the Third Circuit misconstrued Rule 60(b)(5) by affirming the district court’s unilateral expansion of the decree, even though other courts of appeals have held that the rule does not authorize a court to increase the obligations imposed by a decree.
Proceedings and Orders
Jul 13 2012
Application (12A53) to extend the time to file a petition for a writ of certiorari from July 26, 2012 to September 24, 2012, submitted to Justice Alito.
Jul 17 2012
Application (12A53) granted by Justice Alito extending the time to file until September 24, 2012.
On Monday the Court granted five new cases and issued four opinions in argued cases. The archived Live Blog is here.
On Thursday the Justices will meet for their May 23 Conference. Our list of “Petitions to watch” for that Conference is here.
Bloomberg Law and SCOTUSblog’s Supreme Court Challenge
Current Standings - Top 5 Teams
1. The Silent Ts
Georgetown University Law Center
1. Ninos Angels
George Washington University Law School
1. Protect Sam Chase
St. Johns University School of Law
1. Bro Bono
Indiana University -Bloomington, Maurer School of Law
5. Motion to Strike
Cornell University Law School
Click here to learn more