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Apple Inc. v. Pepper

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-204	9th Cir.	Nov 26, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense. CVSG: 05/08/2018.

SCOTUSblog Coverage

Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward (Amy Howe)
Argument preview: Justices to consider whether antitrust lawsuit by iPhone users can go forward (Amy Howe)
Five new grants, one CVSG, but no Arlene’s Flowers (Amy Howe)
Court issues orders from last week’s conference (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Aug 02 2017	Petition for a writ of certiorari filed. (Response due September 6, 2017)
Sep 06 2017	Motion for leave to file amicus brief filed by Washington Legal Foundation.
Sep 06 2017	Brief of respondents Robert Pepper, et al. in opposition filed.
Sep 06 2017	Motion for leave to file amicus brief filed by ACT The App Association.
Sep 15 2017	Objection to motions of the App Association and the Washington Legal Foundation to fie briefs in support of petitioner from respondents Robert Pepper, et al. filed.
Sep 20 2017	DISTRIBUTED for Conference of 10/6/2017.
Sep 20 2017	Reply of petitioner Apple Inc. filed. (Distributed)
Oct 10 2017	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 08 2018	Brief amicus curiae of United States filed.
May 22 2018	DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018	Motion for leave to file amicus brief filed by ACT The App Association GRANTED.
Jun 18 2018	Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jun 18 2018	Petition GRANTED.
Jun 25 2018	Motion for an extension of time to file the briefs on the merits filed.
Jul 03 2018	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 10, 2018. The time to file respondents' brief on the merits is extended to and including September 24, 2018.
Aug 07 2018	Blanket Consent filed by Respondent, Robert Pepper, et al.
Aug 10 2018	Brief of petitioner Apple Inc. filed.
Aug 10 2018	Joint appendix filed. (Statement of costs received.)
Aug 16 2018	Brief amicus curiae of R Street Institute filed.
Aug 17 2018	Brief amicus curiae of Washington Legal Foundation filed.
Aug 17 2018	Brief amicus curiae of United States filed.
Aug 17 2018	Brief amicus curiae of Computer & Communications Industry Association filed.
Aug 17 2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 17 2018	Brief amicus curiae of BSA \| The Software Alliance filed.
Aug 17 2018	Brief amicus curiae of Verizon Communications Inc. in support of neither party filed.
Aug 17 2018	Brief amicus curiae of ACT The App Association filed.
Sep 10 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24 2018	Brief of respondents Robert Pepper, et al. filed.
Sep 28 2018	Blanket Consent filed by Petitioner, Apple Inc..
Oct 01 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 01 2018	Brief amici curiae of Antitrust Scholars filed.
Oct 01 2018	Brief amici curiae of Texas, Iowa, and 29 Other States filed.
Oct 01 2018	Brief amicus curiae of Open Markets Institute filed.
Oct 01 2018	Brief amicus curiae of American Antitrust Institute filed.
Oct 09 2018	SET FOR ARGUMENT ON Monday, November 26, 2018
Oct 11 2018	Application (18A399) to extend the time to file a reply brief from October 24, 2018 to October 29, 2018, submitted to The Chief Justice.
Oct 15 2018	Record requested from the U.S.C.A. 9th Circuit.
Oct 17 2018	Application (18A399) granted by The Chief Justice extending the time to file petitioner's reply brief on the merits to and including October 29, 2018.
Oct 19 2018	CIRCULATED
Oct 29 2018	Reply of petitioner Apple Inc. filed. (Distributed)
Nov 26 2018	Argued. For petitioner: Daniel M. Wall, San Francisco, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondents: David C. Frederick, Washington, D. C.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions relisted for this conference.
Major Cases
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- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
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Apple Inc. v. Pepper

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Argument analysis: ACCA argument becomes a broader discussion of statutory interpretation – Rory Little

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