|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-1509||9th Cir.||Oct 31, 2017||Mar 5, 2018||9-0||Kagan||OT 2017|
Holding: The U.S. Court of Appeals for the 9th Circuit was right to review the Bankruptcy Court’s determination of non-statutory insider status for clear error (rather than de novo).
Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 5, 2018. Justice Kennedy filed a concurring opinion. Justice Sotomayor filed a concurring opinion, in which Justices Kennedy, Thomas, and Gorsuch joined.
|Date||Proceedings and Orders |
|Jun 13 2016||Petition for a writ of certiorari filed. (Response due July 15, 2016)|
|Jul 12 2016||Order extending time to file response to petition to and including August 15, 2016, for all respondents.|
|Aug 15 2016||Brief of respondent The Village at Lakeridge, LLC in opposition filed.|
|Aug 31 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Oct 03 2016||The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Feb 13 2017||Brief amicus curiae of United States filed.|
|Feb 28 2017||Reply of petitioner U.S. Bank National Association, Trustee, et al. filed.|
|Mar 01 2017||DISTRIBUTED for Conference of March 17, 2017.|
|Mar 20 2017||DISTRIBUTED for Conference of March 24, 2017.|
|Mar 27 2017||Petition GRANTED limited to Question 2 presented by the petition.|
|Apr 21 2017||The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 12, 2017.|
|Apr 21 2017||The time to file respondents' brief on the merits is extended to and including August 11, 2017.|
|Jun 12 2017||Joint appendix filed.|
|Jun 12 2017||Brief of petitioner U.S. Bank National Association, Trustee, et al. filed.|
|Aug 11 2017||Brief of respondent The Village at Lakeridge, LLC filed.|
|Aug 18 2017||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Aug 18 2017||Brief amicus curiae of the United States filed.|
|Aug 31 2017||SET FOR ARGUMENT on Tuesday, October 31, 2017.|
|Sep 07 2017||CIRCULATED|
|Sep 11 2017||Reply of petitioners U.S. Bank National Association, Trustee, et al. filed. (Distributed)|
|Sep 12 2017||Record requested from the U.S.C.A. 9th Circuit.|
|Sep 25 2017||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 31 2017||Argued. For petitioners: Gregory A. Cross, Baltimore, Md. For respondents: Daniel L. Geyser, Dallas, Tex.; and Morgan Goodspeed, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)|
|Mar 05 2018||Adjudged to be AFFIRMED. Kagan, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion. Sotomayor, J., filed a concurring opinion, in which Kennedy, Thomas, and Gorsuch, JJ., joined.|
|Apr 06 2018||JUDGMENT ISSUED.|
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
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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