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Spirit Airlines v. Department of Transportation

Petition for certiorari denied on April 1, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-656 D.C. Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Department of Transportation (DOT) violated the First Amendment by mandating “total cost” advertising and restricting airlines’ truthful speech about the large (and ever growing) share of each ticket that consists of government taxes and fees; and (2) whether DOT exceeded its statutory mandate and acted arbitrarily and capriciously by re-regulating—down to the size of typeface and the length of mandatory refunds—an industry that Congress expressly chose to deregulate.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 3 2012Application (12A332) to extend the time to file a petition for a writ of certiorari from October 22, 2012 to November 21, 2012, submitted to The Chief Justice.
Oct 5 2012Application (12A332) granted by The Chief Justice extending the time to file until November 21, 2012.
Nov 21 2012Petition for a writ of certiorari filed. (Response due December 27, 2012)
Nov 29 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Dec 18 2012Brief amici curiae of Airlines for America, et al. filed.
Dec 19 2012Order extending time to file response to petition to and including January 28, 2013.
Dec 20 2012Brief amicus curiae of New England Legal Foundation filed.
Dec 26 2012Brief amicus curiae of International Air Transport Association filed.
Dec 27 2012Brief amici curiae of Cato Institute, et al. filed.
Dec 27 2012Brief amici curiae of Pacific Legal Foundation, and Center for Constitutional Jurisprudence filed.
Jan 23 2013Order further extending time to file response to petition to and including February 27, 2013.
Feb 27 2013Brief of respondent United States Department of Transportation, in opposition filed.
Mar 12 2013Reply of petitioners Spirit Airlines, Inc., et al. filed.
Mar 13 2013DISTRIBUTED for Conference of March 29, 2013.
Apr 1 2013Petition DENIED.