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Allen v. Cooper

Docket No. Op. Below Argument Opinion Vote Author Term
18-877 4th Cir. Nov 5, 2019
Tr.Aud.
Mar 23, 2020 9-0 Kagan OT 2019

Holding: Congress lacked authority to abrogate the states’ sovereign immunity from copyright infringement suits in the Copyright Remedy Clarification Act of 1990.

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 23, 2020. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 18 2018Application (18A412) to extend the time to file a petition for a writ of certiorari from November 7, 2018 to January 6, 2019, submitted to The Chief Justice.
Oct 19 2018Application (18A412) granted by The Chief Justice extending the time to file until January 6, 2019.
Jan 04 2019Petition for a writ of certiorari filed. (Response due February 7, 2019)
Feb 04 2019Waiver of right of respondents Roy A. Cooper, III, Governor of North Carolina, et al. to respond filed.
Feb 07 2019Brief amicus curiae of Ralph Oman filed.
Feb 07 2019Brief amici curiae of David Nimmer, et al. filed.
Feb 07 2019Brief amicus curiae of Recording Industry Association of America filed.
Feb 13 2019DISTRIBUTED for Conference of 3/1/2019.
Feb 19 2019Response Requested. (Due March 21, 2019)
Feb 20 2019Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
Feb 25 2019Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2019.
Apr 22 2019Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. in opposition filed.
May 02 2019Reply of petitioners Frederick L. Allen, et al. filed.
May 07 2019DISTRIBUTED for Conference of 5/23/2019.
May 28 2019DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019Petition GRANTED.
Jun 18 2019Motion to dispense with printing the joint appendix filed by petitioners Frederick L. Allen, et al.
Jun 18 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jun 24 2019Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jun 24 2019Blanket Consent filed by Petitioners, Frederick L. Allen, et al.
Jun 24 2019Blanket Consent filed by Respondent, Roy A. Cooper, III, Governor of North Carolina, et al.
Jun 26 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 20, 2019.
Jul 08 2019SET FOR ARGUMENT on Tuesday, November 5, 2019.
Aug 06 2019Brief of petitioners Frederick L. Allen, et al. filed.
Aug 12 2019Brief amicus curiae of The Association of the Bar of the City of New York in support of neither party filed.
Aug 13 2019Brief amicus curiae of Oracle America, Inc. filed.
Aug 13 2019Brief amicus curiae of Ralph Oman filed.
Aug 13 2019Brief amici curiae of Public Law Scholars filed.
Aug 13 2019Brief amicus curiae of Washington Legal Foundation filed.
Aug 13 2019Brief amicus curiae of Constitutional Accountability Center filed.
Aug 13 2019Brief amicus curiae of Software & Information Industry Association.
Aug 13 2019Brief amici curiae of American Society of Media Photographers, et al. filed.
Aug 13 2019Brief amici curiae of Recording Industry Association of America, et al. filed.
Aug 13 2019Brief amici curiae of The Copyright Alliance; The Chamber of Commerce of the United States filed.
Aug 13 2019Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
Aug 13 2019Brief amicus curiae of Dow Jones & Company, Inc. filed.
Aug 13 2019Brief amici curiae of Law Professors filed.
Sep 03 2019CIRCULATED
Sep 16 2019Record requested from the U.S.C.A. 4th Circuit.
Sep 17 2019Record received from the U.S.C.A. 4th Circuit is electronic and located on PACER. The record is complete, there are no sealed materials, paper filings, or exhibits in this record.
Sep 20 2019Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. filed. (Distributed)
Sep 26 2019Brief amici curiae of Law Professors filed. (Distributed)
Sep 27 2019Brief amici curiae of Association of Public and Land-Grant Universities, et al. filed. (Distributed)
Sep 27 2019Brief amici curiae of American Library Association, et al. filed. (Distributed)
Sep 27 2019Brief amici curiae of State of West Virginia and 30 Other States filed. (Distributed)
Sep 27 2019Brief amicus curiae of Professor Simone Rose filed. (Distributed)
Oct 18 2019Reply of petitioners Frederick L. Allen, et al. filed. (Distributed)
Nov 05 2019Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For respondents: Ryan Park, Deputy Solicitor General, Raleigh, N. C.
Mar 23 2020Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except for the final paragraph in Part II-A and the final paragraph in Part II-B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined.
 
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