|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1009||9th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether the Treasury Department’s regulation requiring related companies (such as parents and subsidiaries) to share the cost of stock-based employee compensation is arbitrary and capricious and thus invalid under the Administrative Procedure Act; (2) whether, under Securities and Exchange Commission v. Chenery Corp., the regulation may be upheld on a rationale that the agency never advanced during rulemaking; and (3) whether a procedurally defective regulation may be upheld under Chevron, U.S.A., Inc. v. Natural Resources Defense Council Inc. on the ground that the agency has offered a “permissible” interpretation of the statute in litigation.
|Date||Proceedings and Orders |
|Feb 10 2020||Petition for a writ of certiorari filed. (Response due March 16, 2020)|
|Mar 06 2020||Brief amici curiae of National Association of Manufacturers, et al. filed.|
|Mar 10 2020||Motion to extend the time to file a response from March 16, 2020 to April 15, 2020, submitted to The Clerk.|
|Mar 11 2020||Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2020.|
|Mar 12 2020||Brief amici curiae of Cisco Systems, Inc., et al. filed.|
|Mar 13 2020||Brief amici curiae of Former Foreign Tax Officials filed.|
|Mar 13 2020||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Mar 16 2020||Brief amici curiae of PricewaterhouseCoopers LLP, et al. filed.|
|Apr 09 2020||Motion to extend the time to file a response from April 15, 2020 to May 14, 2020, submitted to The Clerk.|
|Apr 10 2020||Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2020.|
|May 14 2020||Brief of respondent Commissioner of Internal Revenue in opposition filed.|
|Jun 01 2020||Reply of petitioner Altera Corporation & Subsidiaries filed. (Distributed)|
|Jun 02 2020||DISTRIBUTED for Conference of 6/18/2020.|
|Jun 22 2020||Petition DENIED.|
Monday's decision rejecting sentence reductions for low-level crack-cocaine offenders may have been unanimous, but @ekownyankah writes that there is far more going on than the ruling's dry textual analysis might indicate. Read his incisive analysis here:
After decades, Congress reduced the racially unjust crack/cocaine disparity... raising amounts required for prison time. Why would Congress have left small time dealers to rot in prison for decades?
My thoughts on SCOTUS's ruling in Terry v. United States:https://www.scotusblog.com/2021/06/unanimous-ruling-on-crack-cocaine-disparity-is-heavy-on-text-light-on-history/
No more SCOTUS opinions for today. There are 18 cases still outstanding from the current term, including disputes over Obamacare, religious rights and voting rights. The next opinion day that we know of is Thursday.
SCOTUS rules 9-0 that people convicted of certain low-level crack-cocaine offenses are not eligible for re-sentencing under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Here is the opinion in Terry v. United States. https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf
SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court's 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns
In a relatively quiet Monday morning order list, SCOTUS takes up no new cases. But it does invite the federal government to submit a brief on the pending petition that asks the justices to take up a challenge to Harvard's affirmative action policy. https://www.supremecourt.gov/orders/courtorders/061421zor_6j36.pdf
The Supreme Court will release orders at 9:30 a.m. ET followed by opinion(s?) at 10:00.
There are 21 opinions outstanding including Obamacare, LGBTQ+ rights vs. religious liberty, and student speech.
We’ll crank up the live blog at 9:25. Join us!
Announcement of orders and opinions for Monday, June 14 - SCOTUSblog
We will be live blogging on Monday, June 14, as the court releases orders from the June 10 conference and one ...
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