Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Sebelius v. Cloer

Docket No. Op. Below Argument Opinion Vote Author Term
12-236 Fed. Cir. Mar 19, 2013
Tr.Aud.
May 20, 2013 9-0 Sotomayor OT 2012

Holding: An untimely National Childhood Vaccine Injury Act petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim.

Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on May 20, 2013. Justice Scalia and Justice Thomas do not join as to Part II-B.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 27 2012Application (11A1252) to extend the time to file a petition for a writ of certiorari from July 10, 2012 to August 9, 2012, submitted to The Chief Justice.
Jun 27 2012Application (11A1252) granted by The Chief Justice extending the time to file until August 9, 2012.
Jul 27 2012Application (11A1252) to extend further the time from August 9, 2012 to August 23, 2012, submitted to The Chief Justice.
Jul 27 2012Application (11A1252) granted by The Chief Justice extending the time to file until August 23, 2012.
Aug 22 2012Petition for a writ of certiorari filed. (Response due September 21, 2012)
Sep 5 2012Order extending time to file response to petition to and including October 12, 2012.
Oct 9 2012Order further extending time to file response to petition to and including October 29, 2012.
Oct 26 2012Brief of respondent Melissa Cloer in opposition filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 9 2012Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)
Nov 20 2012Petition GRANTED.
Jan 4 2013Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed.
Jan 4 2013Joint appendix filed.
Jan 7 2013SET FOR ARGUMENT ON Tuesday, March 19, 2013
Jan 23 2013CIRCULATED.
Jan 25 2013Received record from the U.S.C.A. for the Federal Circuit Court. (1 box)
Feb 4 2013Brief of respondent Melissa Cloer filed. (Distributed)
Feb 11 2013Brief amici curiae of Elizabeth Birt Center for Autism Law and Advocacy, et al. filed. (Distributed)
Feb 11 2013Brief amici curiae of National Vaccine Information Center, et al. filed. (Distributed)
Mar 1 2013Record from U.S. Court of Federal Claims is eletronic.
Mar 5 2013Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)
Mar 19 2013Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert T. Fishman, Denver, Colo.
May 13 2013Letter from counsel for petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)
May 20 2013Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia and Thomas, JJ., joined as to all but Part II-B.
Jun 21 2013JUDGMENT ISSUED.
Jun 26 2013Record returned to U.S. Court of Appeals for Federal Circuit.
 
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