Franchise Tax Board of California v. Hyatt
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1299 | Jan 9, 2019 | May 13, 2019 | 5-4 | Thomas | OT 2018 |
Holding: Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on May 13, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- Academic highlight: Hyatt is latest example of textualist-originalist justices willingness to overturn precedent (Anita Krishnakumar, May 24, 2019)
- Opinion analysis: Hyatt fulfills expectations in a surprising way (Richard M. Re, May 14, 2019)
- OT2018 #16: "From Scratch" (First Mondays, January 28, 2019)
- OT2018 #14: "Decent Take" (First Mondays, January 14, 2019)
- Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt (Richard M. Re, January 9, 2019)
- A view from the courtroom: Comity Central (Mark Walsh, January 9, 2019)
- Argument preview: Immunity, precedent and federalism in Franchise Tax Board of California v. Hyatt (Richard M. Re, January 3, 2019)
- OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
| Date | Proceedings and Orders |
|---|---|
| 03/12/2018 | Petition for a writ of certiorari filed. (Response due April 13, 2018) |
| 04/09/2018 | Waiver of right of respondent Gilbert P. Hyatt to respond filed. |
| 04/10/2018 | Letter of April 10, 2018 from counsel for petitioner received. |
| 04/13/2018 | Brief amici curiae of State of Indiana and 44 other States filed. |
| 04/13/2018 | Brief amicus curiae of Multistate Tax Commission filed. |
| 04/24/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/01/2018 | Response Requested. (Due May 31, 2018) |
| 05/31/2018 | Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner. |
| 05/31/2018 | Brief of respondent Gilbert P. Hyatt in opposition filed. |
| 06/05/2018 | DISTRIBUTED for Conference of 6/21/2018. |
| 06/06/2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| 06/27/2018 | DISTRIBUTED for Conference of 6/27/2018. |
| 06/28/2018 | Petition GRANTED. |
| 07/03/2018 | Motion to dispense with printing the joint appendix filed by petitioner Franchise Tax Board of the State of California. |
| 07/18/2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| 08/01/2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2018. The time to file respondent's brief on the merits is extended to and including November 15, 2018. |
| 08/24/2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/06/2018 | Blanket Consent filed by Petitioner, Franchise Tax Board of the State of California. |
| 09/07/2018 | Blanket Consent filed by Respondent, Gilbert P. Hyatt. |
| 09/11/2018 | Brief of petitioner Franchise Tax Board of the State of California filed. |
| 09/18/2018 | Brief amici curiae of Law Professors filed. |
| 09/18/2018 | Brief amici curiae of Multistate Tax Commission, et al. filed. |
| 09/18/2018 | Brief amici curiae of Professors William Baude and Stephen E. Sachs in support of neither party filed. |
| 09/18/2018 | Brief amici curiae of Alan B. Morrison & Darien Shanske in support of neither party filed. |
| 09/18/2018 | Brief amici curiae of State of Indiana and 43 other States filed. |
| 09/18/2018 | Brief amicus curiae of James C. Giudici in support of neither party filed. |
| 10/26/2018 | Withdrawal of amicus curiae brief of James C. Giudici. Letter of James C. Giudici received October 30, 2018. |
| 11/15/2018 | Brief of respondent Gilbert P. Hyatt filed. |
| 11/21/2018 | Brief amici curiae of Professors of Federal Jurisdiction filed. |
| 11/28/2018 | SET FOR ARGUMENT ON Wednesday, January 9, 2019 |
| 11/30/2018 | CIRCULATED |
| 12/11/2018 | Record requested from the Supreme Court of Nevada. |
| 12/14/2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| 12/27/2018 | The record from the Supreme Court of Nevada and from the Eight Judicial Dist. Court is electronic and complete. |
| 12/27/2018 | Record received from the Supreme Court of Nevada, one box (some SEALED documents). |
| 01/09/2019 | Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Erwin Chemerinsky, Berkeley, Cal. |
| 05/13/2019 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 06/17/2019 | JUDGMENT ISSUED. |
| 06/17/2019 | MANDATE ISSUED. |