|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether a regulation may be ratified if the appointments clause prohibited the purported agent’s exercise of rulemaking authority; and (2) whether, if so, the ratification must comply with the constraints that would normally govern an officer’s rulemaking, such as the Administrative Procedure Act’s “reasoned decision-making” requirement.
|Date||Proceedings and Orders |
|Feb 26 2021||Petition for a writ of certiorari filed. (Response due April 2, 2021)|
|Mar 04 2021||Blanket Consent filed by Petitioner, Moose Jooce, et al.|
|Mar 10 2021||Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk.|
|Mar 11 2021||Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.|
|Mar 19 2021||Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk.|
|Mar 22 2021||Motion to extend the time to file a response is granted and the time is further extended to and including June 2, 2021.|
|Mar 31 2021||Brief amici curiae of 36 National and State Electronic Nicotine Delivery System Product Advocacy Associations and Representative Industry Stakeholders filed.|
|Apr 01 2021||Brief amici curiae of The Cato Institute filed.|
|Apr 02 2021||Brief amici curiae of Senator Rand Paul, Senator Ron Johnson and Representative Jim Baird filed.|
|Jun 02 2021||Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.|
|Jun 02 2021||Brief of respondents Food & Drug Administration, et al. in opposition filed.|
|Jun 08 2021||DISTRIBUTED for Conference of 6/24/2021.|
|Jun 08 2021||Reply of petitioners Moose Jooce, et al. filed. (Distributed)|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.