|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-1175||10th Cir.||Nov 7, 2012||Feb 26, 2013||7-2||Thomas||OT 2012|
Holding: Under Federal Rule of Civil Procedure 54(d)(1), a prevailing defendant in a Fair Debt Collection Practices Act suit may be awarded costs when the lawsuit was not brought in bad faith and for the purpose of harassment.
Judgment: Affirmed, 7-2, in an opinion by Justice Thomas on February 26, 2013. Justice Sotomayor filed a dissenting opinion, joined by Justice Kagan.
|Date||Proceedings and Orders |
|Mar 23 2012||Petition for a writ of certiorari filed. (Response due April 27, 2012)|
|Apr 27 2012||Brief amicus curiae of National Consumer Law Center filed.|
|Apr 27 2012||Brief of respondent General Revenue Corporation in opposition filed.|
|May 3 2012||Reply of petitioner Olivea Marx filed.|
|May 8 2012||DISTRIBUTED for Conference of May 24, 2012.|
|May 29 2012||Petition GRANTED limited to Question 1 presented by the petition.|
|May 30 2012||The time to file the joint appendix and petitioner's brief on the merits is extended to and July 27, 2012.|
|May 30 2012||The time to file respondent's brief on the merits is extended to and including September 10, 2012.|
|Jul 23 2012||SET FOR ARGUMENT ON Wednesday, November 7, 2012|
|Jul 27 2012||Joint appendix filed. (Statement of costs filed)|
|Jul 27 2012||Brief of petitioner Olivea Marx filed.|
|Aug 1 2012||Record received from U.S.C.A. for 10th Circuit. (1 box)|
|Aug 3 2012||Brief amicus curiae of the United States filed.|
|Aug 3 2012||Brief amici curiae of AARP, et al. filed.|
|Aug 6 2012||Record from U.S.D.C. for District of Colorado is electronic.|
|Aug 24 2012||CIRCULATED.|
|Sep 5 2012||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 10 2012||Brief of respondent General Revenue Corporation filed. (Distributed)|
|Sep 17 2012||Brief amicus curiae of ACA International filed. (Distributed)|
|Sep 17 2012||Brief amicus curiae of National Association of Retail Collection Attorneys filed. (Distributed)|
|Oct 9 2012||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 10 2012||Reply of petitioner Olivea Marx filed. (Distributed)|
|Nov 7 2012||Argued. For Allison M. Zieve, Washington, D. C.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lisa S. Blatt, Washington, D. C.|
|Feb 26 2013||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Kagan, J., joined.|
|Apr 1 2013||JUDGMENT ISSUED.|
|Apr 17 2013||Record returned to U.S.C.A. for Tenth Circuit.|
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).