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Badgerow v. Walters
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-1143 | 5th Cir. | Nov 2, 2021 | Mar 31, 2022 | 8-1 | Kagan | OT 2021 |
Holding: Federal jurisdiction in a petition to compel arbitration under Section 4 of the Federal Arbitration Act is determined by “looking through” the petition to the jurisdictional basis of the “underlying substantive controversy,” Vaden v. Discover Bank, but that approach does not apply to petitions to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Kagan on March 31, 2022. Justice Breyer filed a dissenting opinion.
SCOTUSblog Coverage
- Justices craft jurisdictional framework for judicial supervision of arbitration (Ronald Mann, April 1, 2022)
- Announcement of opinions for Thursday, March 31 (complete) (Angie Gou, March 31, 2022)
- Justices balance policy and text to guide jurisdiction over motions to vacate arbitration awards (Ronald Mann, November 4, 2021)
- Justices to parse jurisdictional thicket in arbitration dispute (Ronald Mann, November 1, 2021)
- New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
- Court dismisses abortion “gag rule” cases, adds arbitration and habeas cases to docket (Amy Howe, May 17, 2021)
- Defamation claims against churches and American Samoa’s Deeds of Cession (Andrew Hamm, March 26, 2021)
| Date | Proceedings and Orders |
|---|---|
| Feb 12 2021 | Petition for a writ of certiorari filed. (Response due March 24, 2021) |
| Mar 24 2021 | Brief of respondents Greg Walters, et al. in opposition filed. |
| Apr 02 2021 | Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 7, 2021 to April 14, 2021, submitted to The Clerk. |
| Apr 05 2021 | Motion to delay distribution of the petition for a writ certiorari until April 14, 2021 granted. |
| Apr 14 2021 | DISTRIBUTED for Conference of 4/30/2021. |
| Apr 16 2021 | Reply of petitioner Denise A. Badgerow filed. (Distributed) |
| May 10 2021 | DISTRIBUTED for Conference of 5/13/2021. |
| May 17 2021 | Petition GRANTED. |
| May 28 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Jun 04 2021 | 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 July 22, 2021. The time to file respondents' brief on the merits is extended to and including September 10, 2021. |
| Jun 17 2021 | Motion to dispense with printing the joint appendix filed by petitioner Denise A. Badgerow. |
| Jun 28 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jul 22 2021 | Brief of petitioner Denise A. Badgerow filed. |
| Aug 16 2021 | ARGUMENT SET FOR Tuesday, November 2, 2021. |
| Sep 01 2021 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 01 2021 | The record from the U.S.C.A. 5th Circuit is electronic and availble on Pacer. |
| Sep 10 2021 | Brief of respondents Greg Walters, et al. filed. |
| Sep 17 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Sep 17 2021 | Brief amicus curiae of Securities Industry and Financial Markets Association filed.(Distributed) |
| Sep 17 2021 | Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed) |
| Sep 21 2021 | CIRCULATED |
| Oct 12 2021 | Reply of petitioner Denise A. Badgerow filed. (Distributed) |
| Nov 02 2021 | Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondents: Lisa S. Blatt, Washington, D. C. |
| Mar 31 2022 | Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion. |
| May 02 2022 | JUDGMENT ISSUED. |
