Editor's Note :

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We're currently hosting a symposium on Tuesday's decision in Espinoza v. Montana Department of Revenue. Click to follow along.
We also hosted a symposium on Monday's decision in June Medical Services v. Russo. Click to read the submissions.

Briefly Mentioned :

Briefly Noted :

On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
On Monday, we expect the court to release opinions at 10 a.m. We will be live-blogging starting at 9:20 a.m. at this link, where you can sign up for an email reminder when the live blog begins.

Emerson Electric Co. v. Superior Court of California, Orange County

Petition for certiorari denied on October 15, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1713 Cal. N/A N/A N/A N/A OT 2018

Disclosure: Vinson & Elkins LLP, whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the Occupational Safety and Health Act “preempts all state occupational safety and health laws" relating to issue covered by federal standards “unless they are included in the state plan,” as the U.S. Court of Appeals for the 9th Circuit has held; or whether a state may employ supplemental enforcement mechanisms for workplace safety standards even if not included in the state plan, as the Supreme Court of California held in this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 27 2018Application (17A1191) to extend the time to file a petition for a writ of certiorari from May 9, 2018 to June 25, 2018, submitted to Justice Kennedy.
Apr 30 2018Application (17A1191) granted by Justice Kennedy extending the time to file until June 25, 2018.
Jun 25 2018Petition for a writ of certiorari filed. (Response due July 27, 2018)
Jul 17 2018Motion to extend the time to file a response from July 27, 2018 to September 7, 2018, submitted to The Clerk.
Jul 24 2018Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
Jul 27 2018Brief amicus curiae of National Association of Manufacturers filed.
Jul 27 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jul 27 2018Brief amici curiae of National Federation of Independent Business Small Business Legal Center and Southeastern Legal Foundation filed.
Sep 07 2018Brief of respondent People of the State of California in opposition filed.
Sep 24 2018Reply of petitioners Emerson Electric Co., et al. filed.
Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 15 2018Petition DENIED.
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