|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1066||9th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: Whether the Supreme Court of California's rule from McGill v. Citibank, N.A. – that provisions in predispute arbitration agreements waiving the parties’ right to seek “public injunctive relief” in any forum are contrary to California public policy and unenforceable – falls outside the Federal Arbitration Act’s saving clause because it is not a ground that “exist[s] at law or in equity” for the “revocation” of any contract; and (2) whether, even if the McGill rule falls within the FAA’s saving clause, it is otherwise preempted by the FAA because it interferes with fundamental attributes of arbitration by negating the parties’ agreement to resolve their dispute bilaterally.
|Date||Proceedings and Orders |
|Feb 27 2020||Petition for a writ of certiorari filed. (Response due March 30, 2020)|
|Mar 04 2020||Letter of March 4, 2020 from counsel for petitioners received.|
|Mar 09 2020||Blanket Consent filed by Petitioners, Comcast Corporation, et al.|
|Mar 18 2020||Motion to extend the time to file a response from March 30, 2020 to April 24, 2020, submitted to The Clerk.|
|Mar 19 2020||Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.|
|Mar 24 2020||Brief amicus curiae of Washington Legal Foundation filed. VIDED.|
|Mar 25 2020||Brief amicus curiae of CTIA - The Wireless Association filed. VIDED.|
|Mar 26 2020||Brief amici curiae of American Bankers Association; Consumer Bankers Association filed. VIDED.|
|Mar 27 2020||Brief amicus curiae of DRI-The Voice of the Defense Bar filed. VIDED.|
|Mar 30 2020||Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.|
|Apr 24 2020||Brief of respondents Charles Tillage, et al. in opposition filed.|
|May 11 2020||Reply of petitioners Comcast Corporation, et al. filed.|
|May 12 2020||DISTRIBUTED for Conference of 5/28/2020.|
|Jun 01 2020||Petition DENIED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
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Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...