|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.|
Justice Alito will give a speech Thursday at Notre Dame on the shadow docket. At his request, the speech will not be publicly livestreamed or recorded.
Justices Barrett & Thomas also gave recent speeches with no livestream (though video of Thomas' was released after the fact).
When Alito gives a speech Thursday at Notre Dame on the Supreme Court's shadow docket, there will be no livestream or recording. I've confirmed with Notre Dame officials that it was Alito who requested those restrictions.
(To be clear, members of the press can attend in person.) https://twitter.com/KelloggInst/status/1442857286423228430
Just in: New COVID procedures (including PCR tests) for lawyers in advance of the Supreme Court's return to in-person arguments next week.
With less than a week to go b/4 #SCOTUS returns to the courtroom, the Court has posted COVID-19 protocols for lawyers arguing this fall, including a new pre-argument tradition: COVID testing. Full document is here: https://www.supremecourt.gov/announcements/Fall_2021_argument_COVID_protocols.pdf
New at SCOTUS: Rick Allen Rhoades, who is set to be executed tomorrow evening in Texas, asks the justices for an emergency stay. Rhoades argues that he has been denied access to trial records that would help him investigate whether the jury selection was tainted by racial bias.
One week from today, the court will begin its new term and the justices will return to the courtroom for the first time since the pandemic hit. Time to dust off those robes and get ready for the first day. Here's our new banner, "back to school" edition, from @Courtartist.
The justices are meeting privately today for their "long conference." Thousands of cert petitions have rolled in over the summer, and the justices use today's conference to discuss which ones they should take up. Here are all the petitions we're watching:
Supreme Court Petitions - ScotusBlog
Comprehensive list of U.S. Supreme Court Petitions including issues, docket, opinions, proceedings, orders, and more.