|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-850||6th Cir.||N/A||N/A||N/A||N/A||OT 2016|
Issues: (1) Whether the U.S. Court of Appeals for the 6th Circuit erred in holding, in conflict with the U.S. Courts of Appeals for the 3rd and 9th Circuits and this court's precedents, that there is an exception to the rule that horizontal price-fixing among competitors is illegal per se under Section 1 of the Sherman Act where the prices are fixed below cost and the plaintiff does not allege that the conspirators' purported losses will later be recouped via higher prices; and (2) whether a competitor bankrupted by its rivals' below-cost horizontal price-fixing agreement has antitrust standing to challenge the agreement under Section 1 (as the 9th Circuit has held), or whether, absent allegations of recoupment, only consumers may challenge a price-fixing agreement under Section 1 and only if it fixes prices at supra-competitive levels (as the 6th Circuit held below).
|Date||Proceedings and Orders |
|Oct 25 2016||Application (16A430) to extend the time to file a petition for a writ of certiorari from November 16, 2016 to January 5, 2017, submitted to Justice Kagan.|
|Oct 28 2016||Application (16A430) granted by Justice Kagan extending the time to file until January 5, 2017.|
|Jan 5 2017||Petition for a writ of certiorari filed. (Response due February 6, 2017)|
|Jan 26 2017||Order extending time to file response to petition to and including March 8, 2017, for all respondents.|
|Feb 2 2017||Brief amicus curiae of The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union filed.|
|Mar 3 2017||Brief of respondents Trina Solar Limited, et al. in opposition filed.|
|Mar 21 2017||Reply of petitioner Energy Conversion Devices Liquidation Trust filed.|
|Mar 22 2017||DISTRIBUTED for Conference of April 13, 2017.|
|Apr 17 2017||Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.|
No more SCOTUS opinions for today. There are 18 cases still outstanding from the current term, including disputes over Obamacare, religious rights and voting rights. The next opinion day that we know of is Thursday.
SCOTUS rules 9-0 that people convicted of certain low-level crack-cocaine offenses are not eligible for re-sentencing under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Here is the opinion in Terry v. United States. https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf
SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court's 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns
In a relatively quiet Monday morning order list, SCOTUS takes up no new cases. But it does invite the federal government to submit a brief on the pending petition that asks the justices to take up a challenge to Harvard's affirmative action policy. https://www.supremecourt.gov/orders/courtorders/061421zor_6j36.pdf
The Supreme Court will release orders at 9:30 a.m. ET followed by opinion(s?) at 10:00.
There are 21 opinions outstanding including Obamacare, LGBTQ+ rights vs. religious liberty, and student speech.
We’ll crank up the live blog at 9:25. Join us!
Announcement of orders and opinions for Monday, June 14 - SCOTUSblog
We will be live blogging on Monday, June 14, as the court releases orders from the June 10 conference and one ...
Released today: annual financial disclosures for eight of the nine justices. Key takeaways: substantial book-royalty income for Sotomayor and Gorsuch; reduced travel reimbursements across the board during the pandemic.
Full story from @AHoweBlogger:
Less travel, plenty of royalties for justices in 2020 - SCOTUSblog
The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosur...
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