|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-186||8th Cir.||N/A||N/A||N/A||N/A||OT 16|
Issue: (1) Whether federal courts should defer, under Auer v. Robbins, to an agency construction of an interpretive field manual (“second level Auer deference”), as have the Sixth Circuit and the Eighth Circuit decision below, or not, as the Fifth Circuit has held; and (2) whether the use of a remote comparison site, preselected ten years prior and without notice to the petitioners or an opportunity to be heard, as the sole means of determining that their land supports wetland plants, violates their rights to due process of law under the Fifth Amendment.
|Date||Proceedings and Orders |
|Jun 29 2016||Application (16A29) to extend the time to file a petition for a writ of certiorari from July 10, 2016 to September 8, 2016, submitted to Justice Alito.|
|Jul 12 2016||Application (16A29) granted by Justice Alito extending the time to file until August 9, 2016.|
|Aug 8 2016||Petition for a writ of certiorari filed. (Response due September 12, 2016)|
|Aug 15 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.|
|Sep 8 2016||Order extending time to file response to petition to and including October 12, 2016.|
|Sep 12 2016||Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.|
|Sep 12 2016||Brief amicus curiae of Cato Institute filed.|
|Sep 12 2016||Brief amici curiae of American Farm Bureau Federation, et al. filed.|
|Sep 28 2016||Order further extending time to file response to petition to and including November 14, 2016.|
|Nov 10 2016||Order further extending time to file response to petition to and including December 7, 2016.|
|Dec 7 2016||Brief of respondent Thomas J. Vilsack, Secretary of Agriculture in opposition filed.|
|Dec 19 2016||Reply of petitioners Arlen Foster, et ux. filed.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||Petition DENIED.|
We’ve gotten roughly half of the merits opinions for the term so far. Kavanaugh is trending as the median justice and appears to be supplanting Roberts.
Of course, that could all change by June. Here’s the first in a series on interim stats from the term.
On a new, conservative court, Kavanaugh sits at the center - SCOTUSblog
This article is the first in a series on interim statistics from the 2020-21 Supreme Court term. The Supreme Cou...
The Supreme Court will release orders and opinion(s?) on Monday May 17.
Order list at 9:30 a.m. EDT. Opinions at 10:00.
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
It’s a quiet week, so now is a great time to listen to Judge John Owens regale @AHoweBlogger with the tale of Ashton Embry and the greatest leak in Supreme Court history.
Come for the high drama, stay for the good humor and an RBG story or two.
The biggest leak in Supreme Court history - SCOTUSblog
In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had ...
The US Supreme Court should overturn the Facebook’s “Oversight Board’s” “ruling” which upholds the outlawing of the 45th President of the United States from social media.
This is a big tech, corporate oligarchy without standing and it’s gone too far. Enough is enough.
The Supreme Court will hear its last case of the term today at 10:00 a.m. EDT.
Here’s a summary of Terry v. United States in a TikTok minute.
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