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Rothe Development, Inc. v. U.S. Department of Defense

Petition for certiorari denied on October 16, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1239 D.C. Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether a statutory program that requires an agency to distribute benefits to “socially disadvantaged individuals,” and defines “socially disadvantaged” in terms of membership in certain racial minority groups, classifies on the basis of race and is thus subject to strict scrutiny; and (2) whether a statute that may not classify exclusively on the basis of race, but uses race as a factor in determining eligibility for benefits, is subject to strict scrutiny.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 13 2017Petition for a writ of certiorari filed. (Response due May 17, 2017)
May 10 2017Order extending time to file response to petition to and including June 16, 2017.
May 17 2017Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jun 07 2017Order further extending time to file response to petition to and including July 17, 2017.
Jul 07 2017Brief of Federal respondent in opposition filed.
Jul 25 2017Reply of petitioner Rothe Development, Inc. filed. (Distributed).
Jul 26 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 21 2017Rescheduled.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 03 2017Rescheduled.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 16 2017Petition DENIED.