|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-405||Mont.||Apr 25, 2017||May 30, 2017||8-1||Ginsburg||OT 2016|
Holding: (1) Section 56 of the Federal Employers' Liability Act -- which provides that "an action may be brought in a district court of the United States," in, among other places, the district "in which the defendant shall be doing business at the time of commencing such action" -- does not address personal jurisdiction over railroads; and (2) the Montana courts' exercise of general personal jurisdiction under Montana law does not comport with the 14th Amendment's due process clause.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Ginsburg on May 30, 2017. Justice Sotomayor filed an opinion concurring in part and dissenting in part.
|Date||Proceedings and Orders |
|Jul 18 2016||Application (16A67) to extend the time to file a petition for a writ of certiorari from August 29, 2016 to September 28, 2016, submitted to Justice Kennedy.|
|Jul 20 2016||Application (16A67) granted by Justice Kennedy extending the time to file until September 28, 2016.|
|Sep 28 2016||Petition for a writ of certiorari filed. (Response due October 28, 2016)|
|Oct 20 2016||Order extending time to file response to petition to and including November 28, 2016.|
|Oct 28 2016||Motion for leave to file amicus brief filed by The Association of American Railroads.|
|Oct 28 2016||Motion for leave to file amicus brief filed by Washington Legal Foundation.|
|Oct 28 2016||Motion for leave to file amicus brief filed by National Association of Manufacturers.|
|Oct 28 2016||Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al.|
|Nov 28 2016||Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. in opposition filed.|
|Dec 13 2016||Reply of petitioner BNSF Railway Co. filed.|
|Dec 14 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 09 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Motion for leave to file amicus brief filed by National Association of Manufacturers GRANTED.|
|Jan 13 2017||Motion for leave to file amici brief filed by The Chamber of Commerce of the United States of America, et al. GRANTED.|
|Jan 13 2017||Motion for leave to file amicus brief filed by The Association of American Railroads GRANTED.|
|Jan 13 2017||Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.|
|Jan 13 2017||Petition GRANTED.|
|Jan 17 2017||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.|
|Feb 17 2017||SET FOR ARGUMENT ON Tuesday, April 25, 2017|
|Feb 21 2017||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondents.|
|Feb 24 2017||Record requested from the Supreme Court of Montana.|
|Feb 27 2017||Joint appendix filed. (Statement of costs filed.)|
|Feb 27 2017||Brief of petitioner BNSF Railway Company filed.|
|Mar 02 2017||Record received from the Supreme Court of Montana. The record is electronic.|
|Mar 06 2017||Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.|
|Mar 06 2017||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.|
|Mar 06 2017||Brief amicus curiae of United States filed.|
|Mar 06 2017||Brief amicus curiae of National Association of Manufacturers filed.|
|Mar 06 2017||Brief amicus curiae of Association of American Railroads filed.|
|Mar 06 2017||Brief amicus curiae of Professor Stephen E. Sachs filed.|
|Mar 07 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 24 2017||Record received from the Montana 13th Judicial District Court for Yellowstone County (1 envelope).|
|Mar 29 2017||Brief of respondents Kelli Tyrrell, Special Administrator for the Estate of Brent T. Tyrrell, Deceased, et al. filed. (Distributed)|
|Apr 03 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Apr 04 2017||Brief amicus curiae of Academy of Rail Labor Attorneys filed. (Distributed)|
|Apr 05 2017||Brief amicus curiae of Brotherhood of Maintenance of Way Employes Division/IBT filed. (Distributed)|
|Apr 05 2017||Brief amicus curiae of The American Association for Justice filed. (Distributed)|
|Apr 17 2017||Reply of petitioner BNSF Railway Company filed. (Distributed)|
|Apr 25 2017||Argued. For petitioner: Andrew S. Tulumello, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Julie A. Murray, Washington, D. C.|
|May 30 2017||Judgment REVERSED and cases REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, Alito, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part.|
|Jul 03 2017||MANDATE ISSUED.|
|Jul 03 2017||JUDGMENT ISSUED.|
|Aug 29 2018||The record from the Supreme Court of Montana has been returned.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).