|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1080||D.C. Cir.||Dec 8, 2014||Mar 9, 2015||9-0||Kennedy||OT 2014|
Holding: For purposes of the validity of the “metrics and standards,” formulated together with the Federal Railroad Association, addressing the performance and scheduling of passenger railroad services, including Amtrak’s on-time performance and train delays caused by host railroads, Amtrak is a governmental entity.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kennedy on March 9, 2015. Justice Alito filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.
|Date||Proceedings and Orders |
|Dec 27 2013||Application (13A678) to extend the time to file a petition for a writ of certiorari from January 9, 2014 to February 7, 2014, submitted to The Chief Justice.|
|Dec 31 2013||Application (13A678) granted by The Chief Justice extending the time to file until February 7, 2014.|
|Jan 27 2014||Application (13A678) to extend further the time from February 7, 2014 to March 10, 2014, submitted to The Chief Justice.|
|Jan 28 2014||Application (13A678) granted by The Chief Justice extending the time to file until March 10, 2014.|
|Mar 10 2014||Petition for a writ of certiorari filed. (Response due April 10, 2014)|
|Mar 18 2014||Order extending time to file response to petition to and including May 12, 2014.|
|Apr 10 2014||Brief amicus curiae of Professor Alexander Volokh filed.|
|May 12 2014||Brief of respondent Association of American Railroads in opposition filed.|
|May 27 2014||DISTRIBUTED for Conference of June 12, 2014.|
|May 28 2014||Reply of petitioner Department of Transportation filed. (Distributed)|
|Jun 16 2014||DISTRIBUTED for Conference of June 19, 2014.|
|Jun 23 2014||Petition GRANTED.|
|Jul 21 2014||The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2014.|
|Jul 21 2014||The time to file respondent's brief on the merits is extended to and including September 22, 2014.|
|Aug 14 2014||Joint appendix filed. (Statement of costs filed.)|
|Aug 14 2014||Brief of petitioner Department of Transportation filed.|
|Aug 21 2014||Brief amici curiae of Environmental Law and Policy Center, et al. filed.|
|Sep 4 2014||SET FOR ARGUMENT on Monday, December 8, 2014.|
|Sep 22 2014||Brief of respondent Association of American Railroads filed.|
|Sep 22 2014||Record requested from U.S.C.A. District of Columbia Circuit.|
|Sep 26 2014||Record received from U.S.C.A. District of Columbia Circuit, the record is electronic.|
|Sep 29 2014||Brief amicus curiae of Association of Independent Passenger Rail Operators filed.|
|Sep 29 2014||Brief amicus curiae of Resolute Forest Products Inc. filed.|
|Sep 29 2014||Brief amici curiae of Cato Institute, et al. filed.|
|Sep 29 2014||Brief amici curiae of American Council of Trustees and Alumni, et al. filed.|
|Sep 29 2014||Brief amicus curiae of Center for Constitutional Jurisprudence filed.|
|Sep 29 2014||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Sep 29 2014||Brief amicus curiae of Center for the Rule of Law filed.|
|Sep 29 2014||Brief amicus curiae of Professor Alexander Volokh filed.|
|Oct 22 2014||Reply of petitioner Department of Transportation filed.|
|Oct 27 2014||CIRCULATED.|
|Dec 8 2014||Argued. For petitioners: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Thomas H. Dupree, Jr., Washington, D. C.|
|Dec 19 2014||Letter from counsel for the petitioners updating authority. (Distributed)|
|Mar 9 2015||Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.|
|Apr 10 2015||JUDGMENT ISSUED.|
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.