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Nebraska and Oklahoma v. Colorado

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Motion for leave to file a bill of complaint denied on March 21, 2016.
Docket No. Argument Opinion Vote Author Term
22o144 N/A N/A N/A N/A OT 2015

Issue: (1) Whether the Court will grant Nebraska and Oklahoma leave to file an original action to seek a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution; (2) whether Colorado should be enjoined from any and all application and implementation of Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; (3) whether Colorado should be enjoined from any and all application and implementation of statutes or regulations promulgated pursuant to Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; and (4) whether Colorado should be ordered to pay the plaintiff states’ costs and expenses associated with this legal action, including attorneys’ fees. CVSG: 12/18/2015.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 18 2014Motion for leave to file a bill of complaint filed.
Feb 10 2015Order extending time to file response to the bill of complaint to and including March 27, 2015
Feb 19 2015Brief amici curiae of All Nine Former Administrators of Drug Enforcement filed.
Mar 27 2015Brief amicus curiae of Washington and Oregon filed.
Mar 27 2015Brief of respondent Colorado in opposition filed.
Apr 03 2015Reply of plaintiffs Nebraska and Oklahoma filed.
Apr 15 2015DISTRIBUTED for Conference of May 1, 2015.
May 04 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 16 2015Brief amicus curiae of United States filed.
Jan 05 2016Supplemental brief of petitioners Nebraska and Oklahoma filed. (Distributed)
Jan 06 2016DISTRIBUTED for Conference of January 22, 2016.
Feb 08 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 29 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 21 2016Motion for leave to file a bill of complaint DENIED. Justice Thomas with whom Justice Alito joins, dissenting from the denial of motion for leave to file complaint. (Detached Opinion)