|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996—which grants the secretary of the Department of Homeland Security unfettered discretion to waive all federal, and related state, local, and tribal laws, regulations and legal requirements, and sets forth no standards or criteria to apply in determining whether such waiver is necessary for expeditious border-wall construction—violates the separation of powers, the nondelegation doctrine and the presentment clause of the Constitution.
|Date||Proceedings and Orders |
|Oct 21 2019||Application (19A463) to extend the time to file a petition for a writ of certiorari from December 3, 2019 to February 1, 2020, submitted to The Chief Justice.|
|Oct 29 2019||Application (19A463) granted by The Chief Justice extending the time to file until February 1, 2020.|
|Jan 31 2020||Petition for a writ of certiorari filed. (Response due March 5, 2020)|
|Feb 14 2020||Blanket Consent filed by Petitioners, Center for Biological Diversity, et al.|
|Mar 05 2020||Waiver of right of respondents Chad F. Wolf, et al. to respond filed.|
|Mar 05 2020||Brief amici curiae of La Union del Pueblo Entero (LUPE) filed.|
|Mar 05 2020||Brief amici curiae of Local Governments filed.|
|Mar 05 2020||Brief amici curiae of Dr. Deni J. Seymour, Rick and Sandy Martynec, Gayle Hartmann, Dr. Paul R. and Dr. Suzanne Fish, and Archaeology Southwest filed.|
|Mar 05 2020||Brief amici curiae of North American Butterfly Association and National Butterfly Center filed.|
|Mar 11 2020||DISTRIBUTED for Conference of 3/27/2020.|
|Mar 17 2020||Response Requested. (Due April 16, 2020)|
|Apr 10 2020||Motion to extend the time to file a response from April 16, 2020 to May 18, 2020, submitted to The Clerk.|
|Apr 13 2020||Motion to extend the time to file a response is granted and the time is extended to and including May 18, 2020.|
|May 13 2020||Motion to extend the time to file a response from May 18, 2020 to May 21, 2020, submitted to The Clerk.|
|May 14 2020||Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2020.|
|May 21 2020||Brief of respondents Chad F. Wolf, Acting Secretary of Homeland Security, et al. in opposition filed.|
|Jun 04 2020||Reply of petitioners Center for Biological Diversity, et al. filed. (Distributed)|
|Jun 09 2020||DISTRIBUTED for Conference of 6/25/2020.|
|Jun 29 2020||Petition DENIED.|
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a
The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.
#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf
In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:
Tennessee asks court to restore waiting period for abortions - SCOTUSblog
Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...
BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf
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