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Kisor v. Wilkie

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
18-15	Fed. Cir.	TBD	TBD	TBD	TBD	OT 2018

Issue: Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.

SCOTUSblog Coverage

One new grant, one dissent from the denial of review (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 19 2018	Application (17A1154) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 29, 2018, submitted to The Chief Justice.
Apr 24 2018	Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018.
Jun 29 2018	Petition for a writ of certiorari filed. (Response due August 1, 2018)
Jul 25 2018	Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
Jul 26 2018	Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
Jul 27 2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jul 27 2018	Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed.
Aug 01 2018	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Aug 01 2018	Brief amici curiae of National Association of Home Builders, et al. filed.
Aug 01 2018	Brief amici curiae of The State's of Utah, et al. filed.
Aug 17 2018	Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk.
Aug 20 2018	Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018.
Sep 26 2018	Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
Sep 27 2018	Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.
Oct 31 2018	Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.
Nov 19 2018	Reply of petitioner James L. Kisor filed.
Nov 20 2018	DISTRIBUTED for Conference of 12/7/2018.
Dec 10 2018	Petition GRANTED limited to Question 1 presented by the petition.
Jan 16 2019	Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs

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- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
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Cases argued 43

Cases decided 9

Summary reversals 2

Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
27	28	29	30	31

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Kisor v. Wilkie

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Recent Decisions

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Conference of January 18, 2019

Major Cases

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Jan. 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award