|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1712||8th Cir.||Jan 13, 2020||Jun 1, 2020||5-4||Kavanaugh||OT 2019|
Holding: Participants in a defined-benefit retirement plan who are guaranteed a fixed payment each month regardless of the plan’s value or its fiduciaries’ investment decisions lack Article III standing to bring a lawsuit against the fiduciaries under the Employee Retirement Income Security Act of 1974.
Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on June 1, 2020. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer and Kagan joined.
|Date||Proceedings and Orders |
|May 01 2018||Application (17A1210) to extend the time to file a petition for a writ of certiorari from May 23, 2018 to July 20, 2018, submitted to Justice Gorsuch.|
|May 03 2018||Application (17A1210) granted by Justice Gorsuch extending the time to file until June 22, 2018.|
|Jun 22 2018||Petition for a writ of certiorari filed. (Response due July 27, 2018)|
|Jul 13 2018||Motion to extend the time to file a response from July 27, 2018 to August 27, 2018, submitted to The Clerk.|
|Jul 17 2018||Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.|
|Aug 22 2018||Brief of respondents U.S. Bank, N.A., et al. in opposition filed.|
|Sep 05 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Sep 05 2018||Reply of petitioners James J. Thole, et al. filed. (Distributed)|
|Oct 01 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 21 2019||Brief amicus curiae of United States filed.|
|Jun 04 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 04 2019||Supplemental brief of respondents U.S. Bank, N.A., et al. filed. (Distributed)|
|Jun 26 2019||DISTRIBUTED for Conference of 6/27/2019.|
|Jun 28 2019||Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have demonstrated Article III standing.|
|Jul 03 2019||Joint motion for an extension of time to file the briefs on the merits filed.|
|Jul 16 2019||Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 11, 2019. The time to file respondents' brief on the merits is extended to and including November 12, 2019.|
|Sep 04 2019||Blanket Consent filed by Petitioners, James J. Thole, et al.|
|Sep 11 2019||Joint appendix filed. (Statement of costs filed.)|
|Sep 11 2019||Brief of petitioners James J. Thole, et al. filed.|
|Sep 17 2019||Brief amici curiae of Law Professors filed.|
|Sep 17 2019||Brief amicus curiae of Public Citizen filed.|
|Sep 18 2019||Brief amicus curiae of United States filed.|
|Sep 18 2019||Brief amicus curiae of Pension Rights Center filed.|
|Sep 18 2019||Brief amicus curiae of National Association of Home Builders in support of neither party filed.|
|Sep 18 2019||Brief amici curiae of AARP and AARP Foundation filed.|
|Nov 08 2019||SET FOR ARGUMENT on Monday, January 13, 2020.|
|Nov 12 2019||Brief of respondents U.S. Bank, N.A., et al. filed.|
|Nov 18 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Nov 18 2019||Brief amicus curiae of New England Legal Foundation filed.|
|Nov 19 2019||Brief amicus curiae of Washington Legal Foundatoin filed.|
|Nov 19 2019||Brief amici curiae of The Chamber of Commerce of the United States of America, The American Benefits Council, and The ERISA Industry Committee filed.|
|Nov 26 2019||CIRCULATED|
|Dec 03 2019||Record requested from the U.S.C.A. 8th Circuit.|
|Dec 09 2019||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Dec 12 2019||Reply of petitioners James J. Thole, et al. filed. (Distributed)|
|Dec 12 2019||Record received from the U.S.C.A. 8th Circuit. (1 Box)|
|Jan 13 2020||Argued. For petitioners: Peter K. Stris, Los Angeles, Cal.; and Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C.|
|Jan 27 2020||Record received from the U.S.D.C. District of Minnesota is electronic.|
|May 06 2020||Amendment to Rule 29.6 Corporate Disclosure Statement filed by respondents. (Distributed)|
|May 18 2020||Second amendment to Rule 29.6 Corporate Disclosure Statement filed. (Distributed)|
|Jun 01 2020||Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.|
|Jul 06 2020||JUDGMENT ISSUED.|
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
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