|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-86||Cal. Ct. App.||N/A||N/A||N/A||N/A||OT 2018|
Issues: (1) Whether, in conflict with decisions of the Supreme Court and the U.S. Court of Appeals for the 3rd Circuit, the First Amendment permits California to impose tort liability for truthfully promoting a lawful product that it finds to be hazardous in some uses; and (2) whether the due process clause allows a state to impose retroactive and grossly disproportionate public nuisance liability to inspect and abate millions of residences based on decades-old promotions without evidence that consumers relied on those promotions or that petitioner’s lead paint is in any residence.
|Date||Proceedings and Orders |
|Apr 20 2018||Application (17A1163) to extend the time to file a petition for a writ of certiorari from May 15, 2018 to June 14, 2018, submitted to Justice Kennedy.|
|Apr 25 2018||Application (17A1163) granted by Justice Kennedy extending the time to file until June 14, 2018.|
|May 21 2018||Application (17A1163) to extend further the time from June 14, 2018 to July 14, 2018, submitted to Justice Kennedy.|
|May 22 2018||Application (17A1163) granted by Justice Kennedy extending the time to file until July 14, 2018.|
|Jul 16 2018||Petition for a writ of certiorari filed. (Response due August 17, 2018)|
|Jul 27 2018||Blanket Consent filed by Petitioner, The Sherwin-Williams Company.|
|Jul 30 2018||Blanket Consent filed by Respondent, The People of California.|
|Aug 03 2018||Motion to extend the time to file a response from August 17, 2018 to September 17, 2018, submitted to The Clerk.|
|Aug 08 2018||Motion to extend the time to file a response is granted and the time is extended to and including September 17, 2018.|
|Aug 16 2018||Brief amici curiae of States of Indiana, et al. filed. VIDED.|
|Aug 17 2018||Brief amicus curiae of American Coatings Association filed. VIDED|
|Aug 17 2018||Brief amicus curiae of Product Liability Advisory Council, Inc. filed. VIDED.|
|Aug 17 2018||Brief amicus curiae of The National Organization of African Americans in Housing filed. VIDED.|
|Aug 17 2018||Brief amicus curiae of Retail Litigation Center, Inc. filed. VIDED.|
|Aug 17 2018||Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.|
|Aug 17 2018||Brief amici curiae of Civil Justice Association of California, et al. filed. VIDED.|
|Aug 17 2018||Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.|
|Aug 17 2018||Brief amici curiae of Atlantic Legal Foundation and Association of National Advertisers filed.|
|Aug 17 2018||Brief amicus curiae of Distinguished Legal Scholars filed. VIDED.|
|Aug 22 2018||Brief of respondent The People of California in opposition filed. VIDED.|
|Sep 04 2018||Reply of petitioner The Sherwin-Williams Company filed.|
|Sep 05 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Sep 20 2018||Rescheduled.|
|Oct 01 2018||DISTRIBUTED for Conference of 10/5/2018.|
|Oct 02 2018||Rescheduled.|
|Oct 09 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Oct 15 2018||Petition DENIED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).