|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.|
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a
The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.
#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf
In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:
Tennessee asks court to restore waiting period for abortions - SCOTUSblog
Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...
BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf
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