|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-236||Fed. Cir.||Mar 19, 2013||May 20, 2013||9-0||Sotomayor||OT 2012|
Holding: An untimely National Childhood Vaccine Injury Act petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim.
Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on May 20, 2013. Justice Scalia and Justice Thomas do not join as to Part II-B.
|Date||Proceedings and Orders |
|Jun 27 2012||Application (11A1252) to extend the time to file a petition for a writ of certiorari from July 10, 2012 to August 9, 2012, submitted to The Chief Justice.|
|Jun 27 2012||Application (11A1252) granted by The Chief Justice extending the time to file until August 9, 2012.|
|Jul 27 2012||Application (11A1252) to extend further the time from August 9, 2012 to August 23, 2012, submitted to The Chief Justice.|
|Jul 27 2012||Application (11A1252) granted by The Chief Justice extending the time to file until August 23, 2012.|
|Aug 22 2012||Petition for a writ of certiorari filed. (Response due September 21, 2012)|
|Sep 5 2012||Order extending time to file response to petition to and including October 12, 2012.|
|Oct 9 2012||Order further extending time to file response to petition to and including October 29, 2012.|
|Oct 26 2012||Brief of respondent Melissa Cloer in opposition filed.|
|Nov 5 2012||DISTRIBUTED for Conference of November 20, 2012.|
|Nov 9 2012||Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)|
|Nov 20 2012||Petition GRANTED.|
|Jan 4 2013||Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed.|
|Jan 4 2013||Joint appendix filed.|
|Jan 7 2013||SET FOR ARGUMENT ON Tuesday, March 19, 2013|
|Jan 23 2013||CIRCULATED.|
|Jan 25 2013||Received record from the U.S.C.A. for the Federal Circuit Court. (1 box)|
|Feb 4 2013||Brief of respondent Melissa Cloer filed. (Distributed)|
|Feb 11 2013||Brief amici curiae of Elizabeth Birt Center for Autism Law and Advocacy, et al. filed. (Distributed)|
|Feb 11 2013||Brief amici curiae of National Vaccine Information Center, et al. filed. (Distributed)|
|Mar 1 2013||Record from U.S. Court of Federal Claims is eletronic.|
|Mar 5 2013||Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)|
|Mar 19 2013||Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Robert T. Fishman, Denver, Colo.|
|May 13 2013||Letter from counsel for petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)|
|May 20 2013||Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia and Thomas, JJ., joined as to all but Part II-B.|
|Jun 21 2013||JUDGMENT ISSUED.|
|Jun 26 2013||Record returned to U.S. Court of Appeals for Federal Circuit.|
#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