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Tyler v. Hennepin County, Minnesota

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Docket No. Op. Below Argument Opinion Vote Author Term
22-166 8th Cir. Apr 26, 2023
 May 25, 2023 9-0 Roberts OT 2022

Holding: Geraldine Tyler plausibly alleges that Hennepin County unconstitutionally retained the excess value of her home above her tax debt in violation of the takings clause.

Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on May 25, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 09 2022Application (21A712) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 10, 2022, submitted to Justice Kavanaugh.
May 13 2022Application (21A712) granted by Justice Kavanaugh extending the time to file until August 10, 2022.
Jul 25 2022Application (21A712) to extend further the time from August 10, 2022 to August 19, 2022, submitted to Justice Kavanaugh.
Jul 28 2022Application (21A712) granted by Justice Kavanaugh extending the time to file until August 19, 2022.
Aug 19 2022Petition for a writ of certiorari filed. (Response due September 22, 2022)
Sep 09 2022Waiver of right of respondent Hennepin County, et al. to respond filed.
Sep 09 2022Blanket Consent filed by Petitioner, Geraldine Tyler
Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
Sep 16 2022Brief amicus curiae of National Taxpayers Union Foundation filed. (Distributed)
Sep 20 2022Response Requested. (Due October 20, 2022)
Sep 20 2022Brief amici curiae of David C. Wilkes, et al. filed.
Sep 21 2022Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
Sep 21 2022Brief amicus curiae of Wisconsin Realtors Association filed.
Sep 22 2022Motion to extend the time to file a response from October 20, 2022 to December 19, 2022, submitted to The Clerk.
Sep 22 2022Brief amici curiae of AARP and AARP Foundation filed.
Sep 22 2022Brief amicus curiae of PioneerLegal, LLC filed.
Sep 22 2022Brief amici curiae of Buckeye Institute and the Competitive Enterprise Institute filed.
Sep 23 2022Motion to extend the time to file a response is granted in part and the time is extended to and including December 5, 2022.
Oct 20 2022Brief amicus curiae of Cato Institute filed.
Dec 05 2022Brief of Hennepin County, et al. in opposition not accepted for filing. (December 06, 2022)
Dec 05 2022Brief of respondents Hennepin County, et al. in opposition filed.
Dec 19 2022Reply of petitioner Geraldine Tyler filed. (Distributed)
Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13 2023Petition GRANTED.
Jan 31 2023SET FOR ARGUMENT on Wednesday, April 26, 2023.
Feb 08 2023Record requested from the U.S.C.A.-8th Circuit.
Feb 21 2023Record received from the U.S.C.A.-8th Circuit (1 box). Record request also forwarded to District Court.
Feb 22 2023Rule 35.3 letter re substitution of party filed by respondents.
Feb 27 2023Brief of petitioner Geraldine Tyler filed.
Feb 27 2023Joint appendix filed. (Statement of costs filed)
Mar 01 2023Brief amicus curiae of Ralph D. Clifford filed.
Mar 02 2023Brief amici curiae of Cato Institute, et al. filed.
Mar 02 2023Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 02 2023Brief amicus curiae of Liberty Justice Center filed.
Mar 02 2023Brief amicus curiae of Wisconsin Realtors Association filed.
Mar 03 2023Brief amici curiae of David C. Wilkes, et al. filed.
Mar 03 2023Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
Mar 03 2023Brief amicus curiae of Atlantic Legal Foundation filed.
Mar 06 2023Brief amici curiae of National Taxpayers Union Foundation, et al. filed.
Mar 06 2023Brief amici curiae of National Association of Realtors, Minnesota Realtors, and American Property Owners Alliance filed.
Mar 06 2023Brief amici curiae of U.S. Representatives Tom Emmer, Pete Stauber, Michelle Fischbach, and Brad Finstad filed.
Mar 06 2023Brief amicus curiae of Monica Toth filed.
Mar 06 2023Brief amicus curiae of New England Legal Foundation filed.
Mar 06 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Mar 06 2023Brief amicus curiae of Constitutional Accountability Center filed.
Mar 06 2023Brief amicus curiae of Professor Beth A. Colgan filed.
Mar 06 2023Brief amicus curiae of PioneerLegal, LLC filed.
Mar 06 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
Mar 06 2023Brief amicus curiae of United States supporting neither party filed.
Mar 06 2023Brief amicus curiae of Francis J. Coffey, as Personal Representative of the Estates of Leona M. Warsowick, et al. filed.
Mar 06 2023Brief amici curiae of AARP, AARP Foundation, and National Consumer Law Center filed.
Mar 06 2023Brief amici curiae of States of Utah, Arkansas, Kansas, Kentucky, Louisiana, North Dakota, Texas, and West Virginia filed.
Mar 06 2023Brief amici curiae of New Disabled South and Emory Law School Disabled Law Students Association filed.
Mar 06 2023Brief amicus curiae of Public Citizen filed.
Mar 06 2023Brief amici curiae of Buckeye Institute, et al. filed.
Mar 06 2023Brief amicus curiae of National Legal Aid & Defender Association filed.
Mar 10 2023The record for the U.S.D.C.-District of Minnesota is available on PACER.
Mar 24 2023CIRCULATED
Mar 29 2023Brief of respondents Hennepin County, et al. filed. (Distributed)
Mar 29 2023Lodging proposal of amici curiae Minnesota, et al. filed. (Distributed)
Mar 30 2023Letter of petitioner in opposition to lodging proposal of Minnesota, et al. filed. (Distributed)
Mar 31 2023Brief amici curiae of National Tax Lien Association, the Arizona County Treasurers Association, and the Tax Collectors & Treasurers Association of New Jersey filed. (Distributed)
Mar 31 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 31 2023Response of respondent in support of proposed lodging of Minnesota, et al. filed. (Distributed)
Apr 04 2023Brief amici curiae of Minnesota, et al. filed. (Distributed)
Apr 04 2023Brief amicus curiae of James J. Kelly filed. (Distributed)
Apr 04 2023Brief amicus curiae of Frank S. Alexander filed. (Distributed)
Apr 05 2023Brief amicus curiae of Wisconsin Counties Association filed. (Distributed)
Apr 05 2023Brief amicus curiae of Oakland County filed. (Distributed)
Apr 05 2023Brief amici curiae of County Treasurers Association of Ohio, et al. filed. (Distributed)
Apr 05 2023Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, International Municipal Lawyers Association, and Government Finance Officers Association filed. (Distributed)
Apr 05 2023Brief amici curiae of Michigan Association of Counties, et al. filed. (Distributed)
Apr 05 2023Brief amici curiae of Association of Minnesota Counties, et al. filed. (Distributed)
Apr 12 2023Reply of petitioner Geraldine Tyler filed. (Distributed)
Apr 14 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED IN PART, a total of 65 minutes is allotted, and the time is divided as follows: 25 minutes for petitioner, 10 minutes for the Solicitor General, and 30 minutes for respondents.
Apr 26 2023Argued. For petitioner: Christina M. Martin, Palm Beach Gardens, Fla. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C
May 25 2023Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined.