|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-97||D.C. Cir.||N/A||N/A||N/A||N/A||OT 2020|
Issues: (1) Whether, in conflict with the holdings of the U.S. Courts of Appeals for the 5th and 11th Circuits and the National Marine Sanctuaries Act, the Antiquities Act applies to ocean areas beyond United States’ sovereignty where the federal government has only limited regulatory authority; and (2) whether the president can evade the Antiquities Act’s “smallest area” requirement, including designating ocean monuments larger than most states, by vaguely referencing “resources” or an “ecosystem” as the objects to be protected.
|Date||Proceedings and Orders |
|Jul 27 2020||Petition for a writ of certiorari filed. (Response due August 31, 2020)|
|Aug 13 2020||Blanket Consent filed by Petitioner, Massachusetts Lobstermen's Association, et al.|
|Aug 21 2020||Motion of Natural Resources Defense Council, Inc, et al. to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.|
|Aug 24 2020||Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.|
|Aug 26 2020||Motion of Ross, Sec. of Commerce, et al. to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.|
|Aug 27 2020||Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020, for all respondents.|
|Aug 31 2020||Brief amici curiae of International Association of Geophysical Contractors, et al. filed.|
|Aug 31 2020||Brief amici curiae of Utah Counties and Utah Representatives filed.|
|Aug 31 2020||Brief amicus curiae of The Cato Institute filed.|
|Aug 31 2020||Brief amicus curiae of American Forest Resource Council filed.|
|Sep 04 2020||Motion to extend the time to file a response from September 30, 2020 to October 30, 2020, submitted to The Clerk.|
|Sep 04 2020||Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2020, for all respondents.|
|Oct 23 2020||Motion to extend the time to file a response from October 30, 2020 to December 4, 2020, submitted to The Clerk.|
|Oct 26 2020||Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2020, for all respondents.|
|Dec 04 2020||Brief of respondents Ross, Wilbur, et al. in opposition filed.|
|Dec 04 2020||Brief of respondents Natural Resources Defense Council, Inc., et al. in opposition filed.|
|Dec 15 2020||Reply of petitioners Massachusetts Lobstermen's Association, et al. filed. (Distributed)|
|Dec 16 2020||DISTRIBUTED for Conference of 1/8/2021.|
|Jan 11 2021||DISTRIBUTED for Conference of 1/15/2021.|
|Jan 19 2021||DISTRIBUTED for Conference of 1/22/2021.|
|Jan 21 2021||Letter of January 21, 2021 from counsel for petitioners filed.|
|Feb 12 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Feb 22 2021||DISTRIBUTED for Conference of 2/26/2021.|
|Mar 01 2021||DISTRIBUTED for Conference of 3/5/2021.|
|Mar 15 2021||DISTRIBUTED for Conference of 3/19/2021.|
|Mar 22 2021||Petition DENIED. Statement of Chief Justice Roberts respecting the denial of certiorari. (Detached Opinion)|
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).