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Harrington v. Clinton Nurseries, Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1123 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017, which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, contravened Congress’s constitutional authority to “establish ... uniform Laws on the subject of Bankruptcies” because it was initially applied only in the 88 federal judicial districts that have United States Trustees but not in the 6 districts that have Bankruptcy Administrators; and (2) whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district.

DateProceedings and Orders (key to color coding)
Dec 03 2021Application (21A207) to extend the time to file a petition for a writ of certiorari from December 16, 2021 to January 14, 2022, submitted to Justice Sotomayor.
Dec 07 2021Application (21A207) granted by Justice Sotomayor extending the time to file until January 14, 2022.
Jan 04 2022Application (21A207) to extend further the time from January 14, 2022 to February 14, 2022, submitted to Justice Sotomayor.
Jan 07 2022Application (21A207) granted by Justice Sotomayor extending the time to file until February 14, 2022.
Feb 14 2022Petition for a writ of certiorari filed. (Response due March 16, 2022)
Mar 29 2022DISTRIBUTED for Conference of 4/14/2022.
Apr 04 2022Response Requested. (Due May 4, 2022)
Apr 20 2022Motion to extend the time to file a response from May 4, 2022 to June 3, 2022, submitted to The Clerk.
Apr 22 2022Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2022.
May 09 2022Motion to extend the time to file a response from June 3, 2022 to July 1, 2022, submitted to The Clerk.
May 11 2022Motion to extend the time to file a response is granted and the time is further extended to and including July 1, 2022.