|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-1200||9th Cir.||Jan 14, 2014||Jun 9, 2014||9-0||Thomas||OT 2013|
Holding: When, under the reasoning of Stern v. Marshall, the Constitution does not permit a bankruptcy court to enter final judgment on a bankruptcy-related claim, the relevant statute nevertheless permits a bankruptcy court to issue proposed findings of fact and conclusions of law to be reviewed de novo by the district court.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on June 9, 2014.
|Date||Proceedings and Orders |
|Feb 22 2013||Application (12A831) to extend the time to file a petition for a writ of certiorari from March 4, 2013 to April 3, 2013, submitted to Justice Kennedy.|
|Mar 1 2013||Application (12A831) granted by Justice Kennedy extending the time to file until April 3, 2013.|
|Apr 3 2013||Petition for a writ of certiorari filed. (Response due May 3, 2013)|
|May 3 2013||Order extending time to file response to petition to and including May 20, 2013.|
|May 20 2013||Brief of respondents Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. in opposition filed.|
|Jun 3 2013||Reply of petitioner Executive Benefits Insurance Agency filed.|
|Jun 4 2013||DISTRIBUTED for Conference of June 20, 2013.|
|Jun 24 2013||Petition GRANTED.|
|Jul 10 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2013.|
|Jul 22 2013||The time to file respondent's brief on the merits is extended to and including November 8, 2013.|
|Aug 27 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Aug 27 2013||Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner.|
|Sep 9 2013||Joint appendix filed. (Statement of costs received.)|
|Sep 9 2013||Brief of petitioner Executive Benefits Insurance Agency filed.|
|Sep 16 2013||Brief amici curiae of Robert R. McCormick Foundation, et al. filed.|
|Sep 16 2013||Brief amicus curiae of NVIDIA Corporation in support of neither party filed.|
|Sep 16 2013||Brief amici curiae of Certain Tousa Defendants filed.|
|Sep 16 2013||Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed.|
|Sep 16 2013||Brief amicus curiae of Kerr-McGee Corporation filed.|
|Nov 4 2013||SET FOR ARGUMENT ON Tuesday, Jaunuary 14, 2014.|
|Nov 5 2013||CIRCULATED|
|Nov 8 2013||Brief of respondent Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. filed. (Distributed)|
|Nov 12 2013||Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed)|
|Nov 14 2013||Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of Irving H. Picard, as Trustee of the Substantively Consolidated Estate of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of TOUSA Liquidation Trustee filed.|
|Nov 15 2013||Brief amicus curiae of National Association of Bankruptcy Trustees filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of Professors S. Todd Brown, et al. filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of Commercial Law League of America filed. (Distributed)|
|Nov 15 2013||Brief amici curiae of States of New Hampshire, et al. filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of American College of Bankruptcy filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of the United States filed. (Distributed)|
|Nov 15 2013||Brief amicus curiae of American Bar Association filed. (Distributed)|
|Nov 15 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Nov 19 2013||Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. Record from the U.S.D.C. for Western District of Washington is also electronic and located on PACER.|
|Dec 9 2013||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Dec 9 2013||Reply of petitioner Executive Benefits Insurance Agency filed. (Distributed)|
|Jan 14 2014||Argued. For petitioner: Douglas Hallward-Driemeier, Washington, D. C. For respondent: John Pottow, Ann Arbor, Mich.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Jun 9 2014||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.|
|Jul 11 2014||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050