|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-719||10th Cir.||Oct 7, 2014||Dec 15, 2014||5-4||Ginsburg||OT 2014|
Holding: A defendant’s notice of removal of a case from state to federal court need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold; it does not need to contain evidentiary submissions.
Judgment: Reversed, 5-4, in an opinion by Justice Ginsburg on December 15, 2014. Justice Scalia filed a dissenting opinion, in which Justice Kennedy and Justice Kagan joined, and which Justice Thomas joined as to all but the last sentence. Justice Thomas also filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 13 2013||Petition for a writ of certiorari filed. (Response due January 16, 2014)|
|Dec 19 2013||Waiver of right of respondent Brandon W. Owens to respond filed.|
|Jan 8 2014||DISTRIBUTED for Conference of January 24, 2014.|
|Jan 8 2014||Response Requested . (Due February 7, 2014)|
|Jan 27 2014||Order extending time to file response to petition to and including February 21, 2014.|
|Feb 7 2014||Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America.|
|Feb 21 2014||Brief of respondent Brandon W. Owens in opposition filed.|
|Mar 4 2014||Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.|
|Mar 12 2014||DISTRIBUTED for Conference of March 28, 2014.|
|Mar 31 2014||DISTRIBUTED for Conference of April 4, 2014.|
|Apr 7 2014||Motion for leave to file amicus brief filed by Chamber of Commerce of the United States of America GRANTED.|
|Apr 7 2014||Petition GRANTED.|
|May 15 2014||Consent to the filing of amicus curiae briefs in support of petitioners received from counsel for petitioners.|
|May 15 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|May 21 2014||Motion to dispense with printing the joint appendix filed by Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon W. Owens.|
|May 22 2014||Brief of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed.|
|May 29 2014||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|May 29 2014||Brief amici curiae of Washington Legal Foundation, et al. filed.|
|May 29 2014||Brief amicus curiae of DRI - The Voice of the Defense Bar filed.|
|Jun 2 2014||Motion to dispense with printing the joint appendix filed by petitioners GRANTED.|
|Jun 6 2014||The time to file respondent's brief on the merits is extended to and including July 23, 2014.|
|Jul 9 2014||Record requested from U.S.C.A. 10th Circuit.|
|Jul 15 2014||Record received from U.S.C.A. 10th Circuit is electronic and available on PACER.|
|Jul 16 2014||SET FOR ARGUMENT ON Tuesday, October 7, 2014|
|Jul 23 2014||Brief of respondent Brandon W. Owens filed.|
|Jul 29 2014||Brief amicus curiae of Public Citizen, Inc. filed.|
|Aug 7 2014||CIRCULATED.|
|Aug 22 2014||Reply of petitioners Dart Cherokee Basin Operating Company, LLC, et al. filed. (Distributed)|
|Oct 7 2014||Argued. For petitioners: Nowell D. Berreth, Atlanta, Ga. For respondent: Rex A. Sharp, Prairie Village, Kan.|
|Dec 15 2014||Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Kennedy and Kagan, JJ., joined, and in which Thomas, J., joined as to all but the final sentence. Thomas, J., filed a dissenting opinion.|
|Jan 16 2015||JUDGMENT ISSUED.|
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
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
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...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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