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Direct Marketing Association v. Brohl

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1032 10th Cir. Dec 8, 2014 Mar 3, 2015 9-0 Thomas OT 2014

Holding: A lawsuit by a trade association of retailers, alleging that a Colorado law requiring retailers that do not collect sales or use taxes to notify any Colorado customer of the state’s tax requirement and to report tax-related information to those customers and the Colorado Department of Revenue violates the federal and state constitutions, is not barred by the Tax Injunction Act.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on March 3, 2015. Justice Kennedy filed a concurring opinion. Justice Ginsburg filed a concurring opinion, in which Justice Breyer joined, and in which Justice Sotomayor joined in part.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 16 2013Application (13A633) to extend the time to file a petition for a writ of certiorari from December 30, 2013 to February 28, 2014, submitted to Justice Sotomayor.
Dec 19 2013Application (13A633) granted by Justice Sotomayor extending the time to file until February 28, 2014.
Feb 25 2014Petition for a writ of certiorari filed. (Response due March 31, 2014)
Mar 10 2014Waiver of right of respondent Barbara Brohl, Executive Director, Colorado Department of Revenue to respond filed.
Mar 26 2014DISTRIBUTED for Conference of April 18, 2014.
Mar 31 2014Brief amicus curiae of Council on State Taxation filed.
Apr 7 2014Response Requested . (Due May 7, 2014)
Apr 22 2014Order extending time to file response to petition to and including June 6, 2014.
Jun 6 2014Brief of respondent Barbara Brohl, Executive Director, Colorado Department of Revenue in opposition filed. (Distributed)
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 17 2014Reply of petitioner Direct Marketing Association filed. (Distributed)
Jun 30 2014DISTRIBUTED for Conference of June 30, 2014.
Jul 1 2014Petition GRANTED.
Jul 31 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 1 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 6 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014.
Aug 6 2014The time to file respondent's brief on the merits is extended to and including October 17, 2014.
Sep 4 2014SET FOR ARGUMENT on Monday, December 8, 2014.
Sep 9 2014Joint appendix filed. (Statement of costs filed)
Sep 9 2014Brief of petitioner Direct Marketing Association filed.
Sep 15 2014Brief amicus curiae of Institute for Professionals in Taxation filed.
Sep 16 2014Brief amicus curiae of Tax Foundation filed.
Sep 16 2014Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 16 2014Brief amicus curiae of Council on State Taxation filed.
Sep 16 2014Brief amici curiae of NFIB Small Business Legal Center, et al. filed.
Sep 22 2014Record requested from U.S.C.A. 10th Circuit.
Oct 17 2014Brief of respondent Barbara Brohl, Executive Director, Colorado Department of Revenue filed.
Oct 24 2014Brief amici curiae of National Governors Association, et al., filed.
Oct 24 2014Brief amici curiae of States of Illinois, et al. filed. (Distributed)
Oct 24 2014Brief amicus curiae of Multistate Tax Commission filed. (Distributed)
Oct 24 2014Brief amici curiae of Interested Law Professors filed. (Distributed)
Oct 27 2014CIRCULATED.
Oct 31 2014Record received from U.S.C.A. 10th Circuit. The record is electronic and located on PACER. One box of records also received from the 10th Circuit.
Nov 17 2014Reply of petitioner Direct Marketing Association filed. (distributed)
Dec 8 2014Argued. For petitioner: George S. Isaacson, Lewiston, Maine. For respondent: Daniel D. Domenico, Solicitor General, Denver, Colo.
Mar 3 2015Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion. Ginsburg, J., filed a concurring opinion, in which Breyer, J., joined, and in which Sotomayor, J., joined in part.
Apr 6 2015JUDGMENT ISSUED.
Apr 8 2015Record from U.S.C.A. 10th Circuit has been returned.