Direct Marketing Association v. Brohl

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 Tr.Aud.	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.

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

Featured Posts

Relist Watch – John Elwood

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann

Opinion analysis: Clarity on “clear evidence” of drug pre-emption? – Elizabeth McCuskey
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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28
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