Artis v. District of Columbia

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-460	D.C.	Nov 1, 2017 Tr.Aud.	Jan 22, 2018	5-4	Ginsburg	OT 2017

Holding: In the instruction in 28 U.S.C. § 1367(d), which provides that the “period of limitations for” refiling in state court a state claim dismissed along with related federal claims by a federal district court exercising supplemental jurisdiction, “shall be tolled while the claim is pending [in federal court] and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period,” to “toll” a state-law statute-of-limitations period means to hold it in abeyance, i.e., to stop the clock.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Ginsburg on January 22, 2018. Justice Gorsuch filed a dissenting opinion, in which Justices Kennedy, Thomas and Alito joined.

SCOTUSblog Coverage

The Annual: OT2017 in Review (First Mondays)
OT2017 #13: "Poker Face" (First Mondays)
Opinion analysis: Court wastes no time deciding that tolling provision stops the clock (Robert Yablon)
A "view" from the courtroom: Open for business, with a hiccup (Mark Walsh)
OT2017 #5: “Oglethorpe’s Second Cousin” (First Mondays)
Argument analysis: The Supreme Court’s word of the day is "tolled" (Robert Yablon)
OT2017 #4: "Wind, Diabetes & Voluntary Retirement" (First Mondays)
Argument preview: Supreme Court poised to tell when time is tolled (Robert Yablon)
Three new cases, a Breyer dissent and a summary affirmance (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Oct 06 2016	Petition for a writ of certiorari filed. (Response due November 7, 2016)
Oct 19 2016	Waiver of right of respondent District of Columbia to respond filed.
Nov 02 2016	DISTRIBUTED for Conference of November 22, 2016.
Nov 03 2016	Response Requested. (Due December 5, 2016)
Dec 01 2016	Order extending time to file response to petition to and including January 4, 2017.
Jan 04 2017	Brief of respondent District of Columbia in opposition filed.
Jan 17 2017	Reply of petitioner Stephanie C. Artis filed.
Jan 18 2017	DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017	DISTRIBUTED for Conference of February 24, 2017.
Feb 27 2017	Petition GRANTED.
Mar 29 2017	The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2017.
Mar 29 2017	The time to file respondent's brief on the merits is extended to and including August 11, 2017.
May 11 2017	Motion to dispense with printing the joint appendix filed by petitioner Stephanie C. Artis.
May 25 2017	Brief of petitioner Stephanie C. Artis filed.
May 30 2017	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 11 2017	Brief of respondent District of Columbia filed.
Aug 18 2017	Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 18 2017	Brief amici curiae of National Conference of State Legislatures, et al. filed.
Aug 18 2017	Brief amici curiae of Wisconsin and 23 other states filed.
Aug 31 2017	SET FOR ARGUMENT on Wednesday, November 1, 2017
Sep 07 2017	CIRCULATED
Sep 11 2017	Reply of petitioner Stephanie C. Artis filed. (Distributed)
Sep 12 2017	Record requested from the D.C. Court of Appeals.
Sep 25 2017	Motion of Wisconsin and 23 other states for leave to participate in oral argument as amici curiae and for divided argument DENIED.
Nov 01 2017	Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Loren L. AliKhan, Deputy Solicitor General, Washington, D. C.
Jan 22 2018	Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined.
Feb 23 2018	MANDATE ISSUED.
Feb 23 2018	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Artis v. District of Columbia

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Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

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