|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-1452||Fed. Cir.||TBD||TBD||TBD||OT 2020|
Issues: (1) Whether, for purposes of the Constitution’s appointments clause, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the president with the Senate’s advice and consent, or “inferior Officers” whose appointment Congress has permissibly vested in a department head; and (2) whether, if administrative patent judges are principal officers, the court of appeals properly cured any appointments clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. § 7513(a) to those judges.
|Date||Proceedings and Orders |
|Jun 29 2020||Petition for a writ of certiorari filed. (Response due August 3, 2020)|
|Jul 20 2020||Blanket Consent filed by Petitioners, Smith & Nephew, Inc., et al. VIDED|
|Jul 20 2020||Blanket Consent filed by Respondent, Arthrex, Inc. VIDED|
|Jul 20 2020||Blanket Consent filed by Respondent, United States VIDED|
|Jul 22 2020||Memorandum of respondent United States filed. VIDED.|
|Jul 24 2020||Response to petition from respondent Arthrex, Inc. filed. VIDED.|
|Aug 03 2020||Brief amicus curiae of Comcast Cable Communications, LLC filed.|
|Aug 12 2020||DISTRIBUTED for Conference of 9/29/2020.|
|Aug 14 2020||Reply of petitioners Smith & Nephew, Inc., et al. filed. (Distributed)|
|Oct 05 2020||DISTRIBUTED for Conference of 10/9/2020.|
|Oct 13 2020||Petition GRANTED, the petition for a writ of certiorari in No. 19-1434 is granted as to Federal Circuit case No. 2018-2140, and the petition for a writ of certiorari in No. 19-1458 is granted, all limited to Questions 1 and 2 as set forth in the July 22, 2020 Memorandum for the United States. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.|
|Oct 13 2020||Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-1434. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1434. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”|
|Dec 31 2020||SET FOR ARGUMENT on Monday, March 1, 2021. VIDED.|
|Jan 14 2021||CIRCULATED|
The Supreme Court got rid of several cases this morning -- in one fell swoop. Read @AHoweBlogger's latest coverage of the emoluments cases, spiritual advisers at Texas executions, Texas abortion policies, COVID restrictions, and NY political corruption.
Justices vacate rulings on Trump and emoluments - SCOTUSblog
The Supreme Court on Monday morning released orders from the justices’ private conference on Friday, Jan. 22. The justices once again did not ac...
In this morning's orders list, SCOTUS took no action on pending cert petitions involving:
- Mississippi's near-ban on abortions after 15 weeks,
- a Trump rule banning Title X clinics from providing abortion referrals,
- the Trump administration's "public charge" immigration rule.
No real opinions today. The Supreme Court dismissed cert as "improvidently granted" in Henry Schein Inc. v. Archer and White Sales Inc.—a case about arbitration agreements.
That's all for today, folks.
The Supreme Court does not add any cases to its docket. It sends the Trump emoluments case back to the lower court with instructions to dismiss as moot.
Here is the orders list. https://www.supremecourt.gov/orders/courtorders/012521zor_3f14.pdf
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