|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-599||D.C. Cir.||N/A||N/A||N/A||N/A||OT 2013|
Issue: Whether, under Section 404(c) of the Clean Water Act, which gives the Environmental Protection Agency authority to “prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site” for dredged or fill material before the Army Corps of Engineers has issued a permit to discharge that material, the EPA has the uncabined authority to withdraw disposal site specifications years after the Corps has issued a permit, thereby effectively nullifying a permit properly issued by the Corps.
|Date||Proceedings and Orders |
|Sep 19 2013||Application (13A286) to extend the time to file a petition for a writ of certiorari from October 23, 2013 to November 13, 2013, submitted to The Chief Justice.|
|Sep 20 2013||Application (13A286) granted by The Chief Justice extending the time to file until November 13, 2013.|
|Nov 13 2013||Petition for a writ of certiorari filed. (Response due December 16, 2013)|
|Nov 20 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Dec 11 2013||Order extending time to file response to petition to and including January 15, 2014.|
|Dec 11 2013||Brief amicus curiae of Pacific Legal Foundation filed.|
|Dec 13 2013||Brief amici curiae of National Stone, Sand, and Gravel Association, et al. filed.|
|Dec 13 2013||Brief amici curiae of United States Conference of Mayors, et al. filed.|
|Dec 16 2013||Brief amici curiae of American Petroleum Institute, et al. filed.|
|Dec 16 2013||Brief amicus curiae of Joy Global Inc. filed.|
|Dec 16 2013||Brief amici curiae of National Mining Association, et al. filed.|
|Dec 16 2013||Brief amicus curiae of Washington Legal Foundation filed.|
|Dec 16 2013||Brief amicus curiae of National Association of Home Builders filed.|
|Dec 16 2013||Brief amicus curiae of Resource Development Council for Alaska, Inc. filed.|
|Dec 16 2013||Brief amici curiae of West Virginia and 26 Other States filed.|
|Dec 16 2013||Brief amici curiae of National Association of Manufacturers, et al. filed.|
|Dec 16 2013||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Dec 16 2013||Brief amicus curiae of National Council of Coal Lessors filed.|
|Jan 8 2014||Order further extending time to file response to petition to and including February 14, 2014.|
|Feb 14 2014||Brief of respondent Environmental Protection Agency in opposition filed.|
|Mar 4 2014||Reply of petitioner Mingo Logan Coal Company filed.|
|Mar 5 2014||DISTRIBUTED for Conference of March 21, 2014.|
|Mar 24 2014||Petition DENIED.|
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).