|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-233||1st Cir.||Mar 22, 2016||Jun 13, 2016||5-2||Thomas||OT 2015|
Holding: Section 903(1) of the Bankruptcy Code, which pre-empts state bankruptcy laws that enable insolvent municipalities to restructure their debts over the objections of creditors and instead requires municipalities to restructure such debts under Chapter 9 of the federal Bankruptcy Code, pre-empts the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was enacted to enable the commonwealth’s public utilities to implement a recovery or restructuring plan for their debt.
Judgment: Affirmed, 5-2, in an opinion by Justice Thomas on June 13, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. Justice Alito took no part in the consideration or decision.
|Date||Proceedings and Orders |
|Aug 21 2015||Petition for a writ of certiorari filed. (Response due September 23, 2015)|
|Sep 14 2015||Order extending time to file response to petition to and including October 23, 2015, for all respondents.|
|Sep 23 2015||Motion for leave to file amici brief filed by Fundacion Angel Ramos, Inc., et al.|
|Sep 23 2015||Brief amicus curiae of Eduardo Bhatia, President of the Senate of the Commonwealth of Puerto Rico filed.|
|Oct 23 2015||Brief of respondent BlueMountain Capital Management, LLC in opposition filed. VIDED.|
|Oct 23 2015||Brief of respondents Franklin California Tax-Free Trust, et al. in opposition filed. VIDED.|
|Nov 9 2015||DISTRIBUTED for Conference of November 24, 2015.|
|Nov 9 2015||Reply of petitioners Commonwealth of Puerto Rico, et al. filed. (Distributed)|
|Nov 30 2015||DISTRIBUTED for Conference of December 4, 2015.|
|Dec 4 2015||Motion for leave to file amici brief filed by Fundacion Angel Ramos, Inc., et al. GRANTED. Justice Alito took no part in the consideration or decision of this motion.|
|Dec 4 2015||Petition GRANTED. The petition for a writ of certiorari in No. 15-255 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions.|
|Dec 10 2015||Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.|
|Jan 6 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondents.|
|Jan 15 2016||Brief amicus curiae of Gregorio Igartua filed.|
|Jan 19 2016||Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed)|
|Jan 19 2016||Brief of petitioners Commonwealth of Puerto Rico, et al. filed.|
|Jan 19 2016||Brief of petitioners Melba Acosta-Febo, et al. filed. VIDED.|
|Jan 25 2016||Brief amici curiae of Colegio de Abogados y Abogadas de Puerto Rico, et al. filed. VIDED.|
|Jan 26 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent BlueMountain Capital Management, LLC ("BlueMountain"). VIDED|
|Jan 26 2016||Brief amici curiae of Fundacion Angel Ramos, Inc., et al. filed.|
|Jan 26 2016||Brief amicus curiae of Puerto Rico Electric Power Authority filed. VIDED.|
|Jan 26 2016||Brief amici curiae of Professors Clayton P. Gillette and David A. Skeel, Jr. filed. VIDED.|
|Jan 26 2016||Motion for leave to file amici brief filed by Puerto Rico Manufacturers Association. VIDED.|
|Jan 26 2016||Brief amici curiae of LatinoJustice PRLDEF, et al. filed. VIDED.|
|Jan 29 2016||SET FOR ARGUMENT ON Tuesday, March 22, 2016. VIDED|
|Feb 8 2016||Record requested from U.S.C.A. 1st Circuit.|
|Feb 10 2016||CIRCULATED.|
|Feb 10 2016||Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.|
|Feb 11 2016||Record received from U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of Joint Appendix. (1 Box)|
|Feb 18 2016||Brief of respondent BlueMountain Capital Management, LLC filed. VIDED. (Distributed)|
|Feb 18 2016||Brief of respondents Franklin California Tax-Free Trust, et al. filed. VIDED. (Distributed)|
|Feb 25 2016||Brief amicus curiae of Scotiabank de Puerto Rico, as Agent for Local Bank Lenders to PREPA filed. VIDED. (Distributed)|
|Feb 25 2016||Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED. (Distributed)|
|Feb 25 2016||Brief amicus curiae of The Association of Financial Guaranty Insurers filed. VIDED. (Distributed)|
|Mar 14 2016||Reply of petitioners Commonwealth of Puerto Rico, et al. filed. (Distributed)|
|Mar 15 2016||Reply of petitioners Melba Acosta-Febo, et al. filed. VIDED. (Distributed)|
|Mar 22 2016||Argued. For petitioners: Christopher Landau, Washington, D. C. For respondents: Matthew D. McGill, Washington, D. C. VIDED|
|Jun 13 2016||Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. Alito, J., took no part in the consideration or decision of these cases. VIDED|
|Jul 15 2016||JUDGMENT ISSUED|
|Aug 18 2016||Record from U.S.C.A. 1st Circuit has been returned.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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