|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.
|Date||Proceedings and Orders |
|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.|
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.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."