|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1237||10th Cir.||N/A||N/A||N/A||N/A||OT 2018|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Issues: (1) Whether a court of appeals has jurisdiction over an appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings; and (2) whether the U.S. Court of Appeals for the 10th Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent. CVSG: 12/04/2018.
|Date||Proceedings and Orders |
|Dec 27 2017||Application (17A690) to extend the time to file a petition for a writ of certiorari from January 15, 2018 to March 2, 2018, submitted to Justice Sotomayor.|
|Dec 28 2017||Application (17A690) granted by Justice Sotomayor extending the time to file until March 2, 2018.|
|Mar 02 2018||Petition for a writ of certiorari filed. (Response due April 5, 2018)|
|Apr 05 2018||Motion for leave to file amici brief filed by Osage County Farm Bureau, Inc., et al.|
|Apr 05 2018||Brief of respondent Osage Minerals Council in opposition filed.|
|Apr 05 2018||Motion for leave to file amicus brief filed by American Wind Energy Association.|
|Apr 19 2018||Response to motion from respondent Osage Minerals Council filed. (Distributed)|
|Apr 23 2018||Reply of petitioners Osage Wind, LLC, et al. filed.|
|Apr 24 2018||DISTRIBUTED for Conference of 5/10/2018.|
|May 14 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Dec 04 2018||Brief amicus curiae of United States of America filed.|
|Dec 18 2018||Supplemental brief of petitioners Osage Wind, LLC, et al. filed.|
|Dec 19 2018||DISTRIBUTED for Conference of 1/4/2019.|
|Jan 07 2019||Motion for leave to file amicus brief filed by American Wind Energy Association GRANTED.|
|Jan 07 2019||Motion for leave to file amici brief filed by Osage County Farm Bureau, Inc., et al. GRANTED.|
|Jan 07 2019||Petition DENIED.|
#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