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Spirit Airlines v. Department of Transportation
Petition for certiorari denied on April 1, 2013
Issue: (1) Whether the Department of Transportation (DOT) violated the First Amendment by mandating “total cost” advertising and restricting airlines’ truthful speech about the large (and ever growing) share of each ticket that consists of government taxes and fees; and (2) whether DOT exceeded its statutory mandate and acted arbitrarily and capriciously by re-regulating—down to the size of typeface and the length of mandatory refunds—an industry that Congress expressly chose to deregulate. SCOTUSblog Coverage
Date Proceedings and Orders Oct 3 2012 Application (12A332) to extend the time to file a petition for a writ of certiorari from October 22, 2012 to November 21, 2012, submitted to The Chief Justice. Oct 5 2012 Application (12A332) granted by The Chief Justice extending the time to file until November 21, 2012. Nov 21 2012 Petition for a writ of certiorari filed. (Response due December 27, 2012) Nov 29 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. Dec 18 2012 Brief amici curiae of Airlines for America, et al. filed. Dec 19 2012 Order extending time to file response to petition to and including January 28, 2013. Dec 20 2012 Brief amicus curiae of New England Legal Foundation filed. Dec 26 2012 Brief amicus curiae of International Air Transport Association filed. Dec 27 2012 Brief amici curiae of Cato Institute, et al. filed. Dec 27 2012 Brief amici curiae of Pacific Legal Foundation, and Center for Constitutional Jurisprudence filed. Jan 23 2013 Order further extending time to file response to petition to and including February 27, 2013. Feb 27 2013 Brief of respondent United States Department of Transportation, in opposition filed. Mar 12 2013 Reply of petitioners Spirit Airlines, Inc., et al. filed. Mar 13 2013 DISTRIBUTED for Conference of March 29, 2013. Apr 1 2013 Petition DENIED.