|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-798||9th Cir.||Apr 16, 2013||Jun 13, 2013||9-0||Kagan||OT 2012|
Holding: The Federal Aviation Administration Authorization Act of 1994 (FAAAA) expressly preempts provisions in concession agreements between the port and short-haul trucking companies that require trucks moving cargo in and out of the port to affix placards bearing a phone number to receive complaints to each truck and to submit a plan for off-street parking for the trucks.
Judgment: Reversed in part and remanded, 9-0, in an opinion by Justice Kagan on June 13, 2013. Justice Thomas filed a concurring opinion.
|Date||Proceedings and Orders |
|Dec 22 2011||Petition for a writ of certiorari filed. (Response due January 23, 2012)|
|Jan 4 2012||Order extending time to file response to petition to and including February 21, 2012, for all respondents.|
|Jan 23 2012||Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.|
|Jan 23 2012||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Jan 23 2012||Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.|
|Jan 23 2012||Brief amicus curiae of Airlines for America filed.|
|Feb 21 2012||Brief of respondents National Resources Defense Council, et al. in opposition filed.|
|Feb 21 2012||Brief of respondents City of Los Angeles, California, et al. in opposition filed.|
|Mar 2 2012||Reply of petitioner American Trucking Associations, Inc. filed.|
|Mar 7 2012||DISTRIBUTED for Conference of March 23, 2012.|
|Mar 26 2012||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Nov 30 2012||Brief amicus curiae of United States filed.|
|Dec 10 2012||Supplemental brief of petitioner American Trucking Associations, Inc. filed.|
|Dec 12 2012||DISTRIBUTED for Conference of January 4, 2013.|
|Jan 7 2013||DISTRIBUTED for Conference of January 11, 2013.|
|Jan 11 2013||Petition GRANTED limited to Questions 1 and 3 presented by the petition.|
|Feb 11 2013||SET FOR ARGUMENT ON Tuesday, April 16, 2013|
|Feb 15 2013||Brief of petitioner American Trucking Associations, Inc. filed.|
|Feb 15 2013||Joint appendix filed. (Statement of costs filed.)|
|Feb 22 2013||Brief amicus curiae of the United States supporting reversal filed.|
|Feb 22 2013||Brief amici curiae of Owner-Operator Independent Drivers Association, Inc. filed.|
|Feb 22 2013||Brief amicus curiae of Airlines for America filed.|
|Feb 22 2013||Brief amicus curiae of California Construction Trucking Association filed.|
|Feb 22 2013||Brief amicus curiae of Center for Constitutional Jurisprudence and Harbor Trucking Association filed.|
|Feb 22 2013||Brief amici curiae of Chamber of Commerce of the United States of America. filed.|
|Feb 25 2013||Record from U.S.C.A. for 9th Circuit is electronic.|
|Feb 25 2013||Record from U.S.D.C. for Central District of California is electronic..|
|Mar 1 2013||CIRCULATED.|
|Mar 18 2013||Brief of respondents City of Los Angeles, California, et al. filed. (Distributed)|
|Mar 18 2013||Brief of respondents National Resources Defense Council, et al. (Distributed) filed.|
|Mar 25 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Mar 25 2013||Brief amicus curiae of Los Angleles Chamber of Commerce filed. (Distributed)|
|Mar 25 2013||Brief amici curiae of National Organization of Counties, et al. filed.|
|Mar 25 2013||Brief amicus curiae of Airports Council International - North America filed.|
|Mar 25 2013||Brief amici curiae of California and Washington filed. (Distributed)|
|Apr 1 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Apr 5 2013||Reply of petitioner American Trucking Associations, Inc. filed. (Distributed).|
|Apr 16 2013||Argued. For petitioner: Daniel N. Lerman, Washington, D. C.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) Steve Rosenthal for the respondents.|
|Jun 13 2013||Adjudged to be REVERSED IN PART and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.|
|Jul 15 2013||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050