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Horne v. Department of Agriculture

Docket No. Op. Below Argument Opinion Vote Author Term
12-123 9th Cir. Mar 20, 2013
Tr.Aud. 		Jun 10, 2013 9-0 Thomas OT 2012

Holding: A farmer who is deemed to have violated an agricultural marketing order, is fined, has a fine assessed against him, and seeks to argue that the fine is an unconstitutional “taking” can bring his “takings” claim in a regular federal district court without first paying the fine; he is not required to bring that claim in the Court of Federal Claims.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Thomas on June 10, 2013.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 4 2012Administrative record from U.S. Dept. of Justice is electronic.
May 29 2012Application (11A1125) to extend the time to file a petition for a writ of certiorari from June 10, 2012 to August 9, 2012, submitted to Justice Kennedy.
Jun 1 2012Application (11A1125) granted by Justice Kennedy extending the time to file until July 25, 2012.
Jul 25 2012Petition for a writ of certiorari filed. (Response due August 27, 2012)
Aug 21 2012Order extending time to file response to petition to and including September 26, 2012.
Aug 27 2012Brief amici curiae of Cato Institute, et al. filed.
Sep 19 2012Order further extending time to file response to petition to and including October 26, 2012.
Oct 26 2012Brief of respondent Department of Agriculture in opposition filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 5 2012Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Nov 20 2012Petition GRANTED.
Dec 21 2012The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 9, 2013.
Dec 21 2012The time to file respondent's brief on the merits is extended to and including February 12, 2013.
Jan 7 2013SET FOR ARGUMENT ON Wednesday, March 20, 2013
Jan 9 2013Brief of petitioners Marvin D. Horne, et al. filed.
Jan 9 2013Joint appendix filed. (Statement of costs received)
Jan 16 2013Brief amici curiae of Cato Institute, et al. filed.
Jan 16 2013Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 16 2013Brief amici curiae of Constitutional Law Scholars filed.
Jan 16 2013Brief amicus curiae of Texas filed.
Jan 18 2013Record from U.S.C.A. for 9th Circuit is electronic.
Jan 18 2013Record from U.S.D.C. for Eastern Districtof California (Fresno) is electronic.
Jan 23 2013CIRCULATED.
Feb 4 2013Administrative record from U.S. Dept. of Justice is electronic.
Feb 12 2013Brief of respondent Department of Agriculture filed. (Distributed)
Feb 19 2013Brief amicus curiae of International Municipal Lawyers Association filed. (Distributed)
Feb 19 2013Brief amicus curiae of Sun-Maid Growers of California filed. (Distributed)
Mar 13 2013Reply of petitioners Marvin D. Horne, et al. filed. (Distributed)
Mar 20 2013Argued. For petitioners: Michael W. McConnell, Washington, D. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 10 2013Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 12 2013JUDGMENT ISSUED.
 
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