|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-955||Fed. Cir.||N/A||N/A||N/A||N/A||OT 16|
Issue: Whether 35 U.S.C. § 318(b) violates Article III of the Constitution, to the extent that it empowers an executive agency tribunal to assert judicial power canceling private property rights among private parties embroiled in a private federal dispute of a type known in the common law courts of 1789, rather than merely issue an advisory opinion as an adjunct to a trial court.
|Date||Proceedings and Orders |
|Jan 21 2016||Petition for a writ of certiorari filed. (Response due February 29, 2016)|
|Feb 1 2016||Consent to filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioners.|
|Feb 4 2016||Petitioner's amended Rule 29.6 Corporate Disclosure Statement received.|
|Feb 25 2016||Order extending time to file response to petition to and including March 30, 2016.|
|Feb 29 2016||Brief amicus curiae of Professor Adam Mossoff filed.|
|Feb 29 2016||Brief amici curiae of Security People, Inc., et al. filed.|
|Mar 28 2016||Order further extending time to file response to petition to and including April 11, 2016.|
|Apr 11 2016||Brief of respondent Michelle K. Lee, Director, United States Patent and Trademark Office in opposition filed.|
|Apr 25 2016||Reply of petitioners J. Carl Cooper, et al. filed. (Distributed)|
|Apr 26 2016||DISTRIBUTED for Conference of May 12, 2016.|
|May 2 2016||Rescheduled.|
|Jul 20 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Oct 3 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Oct 11 2016||Petition DENIED.|
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).