|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-975||11th Cir.||Nov 10, 2014||Jan 14, 2015||6-3||Sotomayor||OT 2014|
Holding: 47 U.S.C. § 332(c)(7)(B)(iii), which provides that a locality’s denial of an application to build a cell phone tower “shall be in writing and supported by substantial evidence contained in a written record,” requires localities to provide the reasons for such denials in writing. However, those reasons do not have to appear in the written denial letter as long as they appear in some other written record, are sufficiently clear, and are provided or made accessible to the applicant essentially contemporaneously with the written denial notice.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on January 14, 2015. Chief Justice Roberts filed a dissenting opinion in which Justice Ginsburg joined and in which Justice Thomas joined as to Part I. Justice Thomas filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 13 2013||Application (13A614) to extend the time to file a petition for a writ of certiorari from December 30, 2013 to February 13, 2014, submitted to Justice Thomas.|
|Dec 20 2013||Application (13A614) granted by Justice Thomas extending the time to file until February 13, 2014.|
|Feb 12 2014||Petition for a writ of certiorari filed. (Response due March 20, 2014)|
|Mar 19 2014||Brief of respondent City of Roswell, Georgia in opposition filed.|
|Mar 20 2014||Motion for leave to file amicus brief filed by Competitive Carriers Association.|
|Mar 28 2014||Reply of petitioner T-Mobile South, LLC filed.|
|Apr 2 2014||DISTRIBUTED for Conference of April 18, 2014.|
|Apr 21 2014||DISTRIBUTED for Conference of April 25, 2014.|
|Apr 28 2014||DISTRIBUTED for Conference of May 2, 2014.|
|May 5 2014||Motion for leave to file amicus brief filed by Competitive Carriers Association GRANTED.|
|May 5 2014||Petition GRANTED.|
|Jun 3 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 3, 2014.|
|Jun 3 2014||The time to file respondent's brief on the merits is extended to and including August 18, 2014.|
|Jul 1 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Jul 3 2014||Joint appendix filed. (Statement of costs filed.)|
|Jul 3 2014||Brief of petitioner T-Mobile South, LLC filed.|
|Jul 3 2014||Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondent.|
|Jul 10 2014||Brief amicus curiae of the United States in support of neither party filed.|
|Jul 10 2014||Brief amicus curiae of Competitive Carriers Association filed.|
|Jul 10 2014||Brief amici curiae of The Chamber of Commerce of the United States of America and National Federation of Independent Business filed.|
|Jul 10 2014||Brief amicus curiae of PCIA -The Wireless Infrastructure Association filed.|
|Jul 10 2014||Brief amicus curiae of CTIA - The Wireless Association filed.|
|Jul 10 2014||Brief amicus curiae of TowerCom V, LLC filed.|
|Aug 18 2014||Brief of respondent City of Roswell, Georgia filed.|
|Aug 25 2014||Brief amici curiae of National League of Cities, et al. filed.|
|Aug 25 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Sep 4 2014||SET FOR ARGUMENT on Monday, November 10, 2014.|
|Sep 8 2014||Record requested from U.S.C.A. 11th Circuit.|
|Sep 8 2014||Record received from U.S.C.A. 11th Circuit is electronic and located on PACER.|
|Sep 9 2014||Record received form U.S.D.C. Northern District of Georgia is electronic and located on PACER.|
|Sep 17 2014||Reply of petitioner T-Mobile South, LLC filed. (Distributed)|
|Sep 19 2014||CIRCULATED|
|Oct 2 2014||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 8 2014||Supplemental brief of respondent City of Roswell, Georgia filed. (Distributed)|
|Nov 10 2014||Argued. For petitioner: Jeffrey L. Fisher, Stanford, Ca. For United States, as amicus curiae: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Richard A. Carothers, Buford, Ga.|
|Jan 14 2015||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Scalia, Kennedy, Breyer, Alito, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion in which Ginsburg, J., joined, and in which Thomas, J., joined as to Part I. Thomas, J., filed a dissenting opinion.|
|Feb 18 2015||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."