|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether the Environmental Protection Agency can promulgate regulations for existing stationary sources that require states to apply binding nationwide “performance standards” at a generation-sector-wide level, instead of at the individual source level, and can those regulations deprive States of all implementation and decision making power in creating their Section 111(d) plans.
|Date||Proceedings and Orders |
|Jun 18 2021||Petition for a writ of certiorari filed. (Response due July 23, 2021)|
|Jun 28 2021||Blanket Consent filed by Petitioner, State of North Dakota|
|Jul 15 2021||Motion to extend the time to file a response from July 23, 2021 to August 5, 2021, submitted to The Clerk.|
|Jul 16 2021||Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2021, for all respondents.|
|Jul 22 2021||Brief amici curiae of South Texas Electric Cooperative, Inc., et al filed.|
|Jul 23 2021||Motion for leave to file amicus brief filed by Lignite Energy Council.|
|Aug 05 2021||Brief of respondents Consolidated Edison, Inc., Exelon Corporation, National Grid USA, New York Power Authority, Power Companies Climate Coalition, and Sacramento Municipal Utility District in opposition filed. VIDED.|
|Aug 05 2021||Brief of respondents Non-Governmental Organization and Trade Association Respondents in opposition filed. VIDED.|
|Aug 05 2021||Brief of respondents Federal respondents in opposition filed. VIDED.|
|Aug 05 2021||Brief of respondents States and Municipalities in opposition filed. VIDED.|
|Aug 23 2021||Reply of petitioner State of North Dakota filed. (Distributed)|
|Aug 25 2021||DISTRIBUTED for Conference of 9/27/2021.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050