|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-626||11th Cir.||Oct 1, 2012||Jan 15, 2013||7-2||Breyer||OT 2012|
Holding: Lozman's floating home is not a "vessel" for purposes of 1 U.S.C. § 3, and therefore federal maritime jurisdiction is not triggered, because -- except for the fact that it floats -- nothing about it suggests that it was intended to transport people or things over water.
Judgment: Reversed, 7-2, in an opinion by Justice Breyer on January 15, 2013. Justice Sotomayor filed a dissenting opinion, in which Justice Kennedy joined.
|Date||Proceedings and Orders |
|Nov 17 2011||Petition for a writ of certiorari filed. (Response due December 21, 2011)|
|Dec 13 2011||Order extending time to file response to petition to and including January 20, 2012.|
|Dec 19 2011||Motion for leave to file amicus brief filed by The Maritime Law Association of the United States|
|Jan 20 2012||Brief of respondent The City of Riviera Beach, Florida in opposition filed.|
|Jan 31 2012||Reply of petitioner Fane Lozman filed. (Distributed)|
|Feb 1 2012||DISTRIBUTED for Conference of February 17, 2012.|
|Feb 21 2012||Petition GRANTED.|
|Feb 21 2012||Motion for leave to file amicus brief filed by The Maritime Law Association of the United States GRANTED.|
|Mar 8 2012||The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2012.|
|Mar 8 2012||The time to file respondent's brief on the merits is extended to and including July 10, 2012.|
|May 4 2012||The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 8, 2012,|
|May 4 2012||The time to file respondent's brief on the merits is further extended to and including July 12, 2012.|
|May 8 2012||Joint appendix filed. (Statement of costs filed)|
|May 8 2012||Brief of petitioner Fane Lozman filed.|
|May 15 2012||Brief amicus curiae of the Solicitor General filed.|
|May 15 2012||Brief amici curiae of Seattle Floating Homes Association, et al. filed.|
|May 15 2012||Brief amicus curiae of American Gaming Association filed.|
|May 15 2012||Brief amici curiae of Maritime Law Professors filed.|
|Jun 27 2012||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner|
|Jul 10 2012||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent .|
|Jul 12 2012||Brief of respondent The City of Riviera Beach, Florida filed.|
|Jul 19 2012||Brief amici curiae of Thirty-six Admiralty and Maritime Law Professors filed. (Distributed)|
|Jul 19 2012||Brief amicus curiae of United Brotherhood of Carpenters and Joiners of America filed. (Distributed)|
|Jul 19 2012||Brief amicus curiae of Maritime Law Association of the United States filed. (Distributed)|
|Jul 19 2012||Brief amicus curiae of Professor Kevin M. Clermont filed.|
|Jul 19 2012||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Jul 19 2012||Brief amicus curiae of National Marine Bankers Association filed. (Distributed)|
|Jul 23 2012||SET FOR ARGUMENT ON Monday, October 1, 2012|
|Jul 24 2012||CIRCULATED.|
|Aug 3 2012||Record received from U.S.C.A. for 11th Circuit. (1 envelope)|
|Aug 7 2012||Reply of petitioner Fane Lozman filed. (Distributed)|
|Aug 13 2012||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Aug 14 2012||The parties are directed, and the Solicitor General is invited, to file letter briefs addressing the following question: The res in this putative in rem admiralty proceeding was sold at a judicial auction in execution of the district courts judgment on a maritime lien and a maritime trespass claim, Petn. App. 9a-10a, and subsequently destroyed, Petr. Br. 10-11. Does either the judicial auction or the subsequent destruction of the res render this case moot? The briefs, limited to 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, August 28, 2012.|
|Aug 28 2012||Supplemental brief of the Solicitor General filed. (Distributed)|
|Aug 28 2012||Supplemental brief of petitioner Fane Lozman filed. (Distributed)|
|Aug 28 2012||Supplemental brief of respondent The City of Riviera Beach, Florida filed. (Distributed)|
|Sep 10 2012||U.S..D.C. for Southern District of Florida. (1 box)|
|Oct 1 2012||Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.|
|Jan 15 2013||Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, Alito, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kennedy, J., joined.|
|Feb 19 2013||JUDGMENT ISSUED.|
|Apr 2 2013||Record returned to U.S.C.A. for Eleventh Circuit.|
|Apr 2 2013||Record returned to U.S.D.C. for District of Columbia.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).