|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-339||4th Cir. _||Apr 23, 2014||Jun 9, 2014||7-2||Kennedy||OT 2013|
Holding: North Carolina’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), which instead only preempts state statutes of limitations on bringing state-law environmental tort cases.
Judgment: Reversed, 7-2, in an opinion by Justice Kennedy on June 9, 2014. Chief Justice Roberts, Justice Scalia, Justice Thomas and Justice Alito joined the opinion except as to Part II-D. Justice Scalia filed an opinion concurring in part and concurring in the judgement, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer joined.
|Date||Proceedings and Orders |
|Jan 22 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Sep 13 2013||Petition for a writ of certiorari filed. (Response due October 18, 2013)|
|Oct 3 2013||Order extending time to file response to petition to and including November 18, 2013.|
|Nov 14 2013||Brief of respondents Peter Waldburger, et al. in opposition filed.|
|Nov 25 2013||Reply of petitioner CTS Corporation filed.|
|Dec 4 2013||DISTRIBUTED for Conference of January 10, 2014.|
|Jan 10 2014||Petition GRANTED.|
|Jan 22 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Jan 23 2014||Motion to dispense with printing the joint appendix filed by petitioner CTS Corporation.|
|Feb 11 2014||SET FOR ARGUMENT ON Wednesday, April 23, 2014|
|Feb 14 2014||Record received from U.S.D.C. Western District of North Carolina is electronic (Not on PACER).|
|Feb 18 2014||Record received from U.S.C.A. 4th Circuit. (1 - Envelope)|
|Feb 24 2014||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Feb 24 2014||Brief of petitioner CTS Corporation filed.|
|Feb 28 2014||Brief amicus curiae of DRI - Voice of the Defense Bar filed.|
|Mar 3 2014||Brief amicus curiae of the United States filed.|
|Mar 3 2014||Brief amici curiae of American Chemistry Council, et al. filed.|
|Mar 10 2014||CIRCULATED.|
|Mar 26 2014||Brief of respondents Peter Waldburger, et al. filed. (Distributed)|
|Mar 31 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Apr 1 2014||Brief amicus curiae of Natural Resources Defense Council filed. (Distributed)|
|Apr 2 2014||Brief amici curiae of Jerry Ensminger, et al. filed. (Distributed)|
|Apr 2 2014||Brief amici curiae of Environmental Law Professors filed. (Distributed)|
|Apr 11 2014||Reply of petitioner CTS Corporation filed. (Distributed)|
|Apr 18 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Apr 23 2014||Argued. For petitioner: Brian J. Murray, Chicago, Ill.; and Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John J. Korzen, Winston-Salem, N. C.|
|Jun 9 2014||Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, except as to Part II-D. Sotomayor and Kagan, JJ., joined that opinion in full, and Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined as to all but Part II-D. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined.|
|Jul 2 2014||Petition for Rehearing filed.|
|Jul 17 2014||DISTRIBUTED.|
|Aug 11 2014||Rehearing DENIED.|
|Aug 11 2014||JUDGMENT ISSUED.|
|Aug 11 2014||Record returned for U.S.C.A. 4th Circuit.|
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).