|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1077||D.C. Cir.||Dec 3, 2018||Mar 27, 2019||6-2||Breyer||OT 2018|
Holding: Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
Judgment: Affirmed, 6-2, in an opinion by Justice Breyer on March 27, 2019. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined. Justice Kavanaugh took no part in the consideration or decision of the case.
|Date||Proceedings and Orders |
|Dec 15 2017||Application (17A657) to extend the time to file a petition for a writ of certiorari from December 28, 2017 to January 26, 2018, submitted to The Chief Justice.|
|Dec 19 2017||Application (17A657) granted by The Chief Justice extending the time to file until January 26, 2018.|
|Jan 26 2018||Petition for a writ of certiorari filed. (Response due March 2, 2018)|
|Feb 23 2018||Motion to extend the time to file a response from March 2, 2018 to April 2, 2018, submitted to The Clerk.|
|Feb 27 2018||Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.|
|Mar 26 2018||Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.|
|Mar 28 2018||Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2018.|
|May 02 2018||Brief of respondent Securities and Exchange Commission in opposition filed.|
|May 22 2018||DISTRIBUTED for Conference of 6/7/2018.|
|May 23 2018||Reply of petitioner Francis V. Lorenzo filed. (Distributed)|
|Jun 11 2018||DISTRIBUTED for Conference of 6/14/2018.|
|Jun 18 2018||Petition GRANTED.|
|Jul 31 2018||Motion for an extension of time to file the opening briefs on the merits filed.|
|Jul 31 2018||Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2018. The time to file respondent's brief on the merits is extended to and including October 5, 2018.|
|Aug 20 2018||Joint appendix filed. (Statement of costs filed.)|
|Aug 20 2018||Brief of petitioner Francis V. Lorenzo filed.|
|Aug 27 2018||Brief amici curiae of Securities Industry and Financial Markets Association and Chamber of Commerce of the United States of America filed.|
|Aug 27 2018||Amicus brief of Securities Law Professors not accepted for filing. (Duplicate submission - September 10, 2018)|
|Aug 27 2018||Brief amici curiae of Securities Law Professors filed.|
|Oct 05 2018||Brief of respondent Securities and Exchange Commission filed.|
|Oct 05 2018||Motion to argue pro hac vice filed by respondent Securities and Exchange Commission.|
|Oct 09 2018||SET FOR ARGUMENT on Monday, December 3, 2018|
|Oct 12 2018||Brief amicus curiae of The North American Securities Administrators Association, Inc. filed.|
|Oct 15 2018||Record received from the U.S.C.A. District of Columbia Circuit.|
|Oct 19 2018||CIRCULATED|
|Oct 19 2018||Justice Kavanaugh is recused in this case.|
|Oct 26 2018||Motion to argue pro hac vice filed by respondent GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.|
|Nov 01 2018||Reply of petitioner Francis V. Lorenzo filed. (Distributed)|
|Dec 03 2018||Argued. For petitioner: Robert Heim, New York, N. Y.; For respondent: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (pro hac vice.)|
|Mar 27 2019||Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined. Kavanaugh, J., took no part in the consideration or decision of the case.|
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf
JUST IN: The Supreme Court DENIES Arizona GOP chair Kelli Ward's bid to block the Jan. 6 committee from reviewing her phone records. Clarence Thomas and Samuel Alito dissent from the court's brief, unexplained order denying Ward's request.
NEW: Another fight on the shadow docket over a subpoena seeking information about election interference. Arizona GOP chairwoman Kelli Ward is asking SCOTUS to block the Jan. 6 committee's subpoena for her phone records. Here's Ward's filing: https://www.scotusblog.com/wp-content/uploads/2022/10/22A350.pdf