Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Republican National Committee v. Democratic National Committee

Petition for certiorari denied on January 14, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-373 3d Cir. N/A N/A N/A N/A OT 2012

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.

DateProceedings and Orders
Jul 13 2012Application (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 2012Application (12A53) granted by Justice Alito extending the time to file until September 24, 2012.
Sep 21 2012Petition for a writ of certiorari filed. (Response due October 25, 2012)
Oct 5 2012Order extending time to file response to petition to and including December 5, 2012.
Oct 25 2012Motion for leave to file amicus brief filed by Colorado Republican Committee.
Oct 25 2012Brief amicus curiae of Republican Party of Wisconsin filed.
Dec 5 2012Brief of respondent Democratic National Committee in opposition filed.
Dec 17 2012Reply of petitioner Republican National Committee filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Jan 14 2013Motion for leave to file amicus brief filed by Colorado Republican Committee GRANTED.
Jan 14 2013Petition DENIED.
 
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