|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-1075||9th Cir.||Dec 10, 2014||Apr 22, 2015||5-4||Kagan||OT 2014|
Holding: The time limits of the Federal Tort Claims Act, which provides that a tort claim against the United States "shall be forever barred" unless it is presented to the appropriate federal agency for administrative review within two years after the claim accrues and, if it is denied, the claimant files suit in federal court within six months of the denial, are subject to equitable tolling.
Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on April 22, 2015. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts, and Justices Scalia and Thomas, joined.
|Date||Proceedings and Orders |
|Mar 7 2014||Petition for a writ of certiorari filed. (Response due April 7, 2014)|
|Mar 28 2014||Order extending time to file response to petition to and including May 7, 2014.|
|May 7 2014||Brief of respondent Marlene June, Conservator in opposition filed.|
|May 27 2014||DISTRIBUTED for Conference of June 12, 2014.|
|May 29 2014||Reply of petitioner United States filed. VIDED. (Distributed)|
|Jun 16 2014||DISTRIBUTED for Conference of June 19, 2014.|
|Jun 23 2014||DISTRIBUTED for Conference of June 26, 2014.|
|Jun 30 2014||Petition GRANTED.|
|Jul 23 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014.|
|Jul 23 2014||The time to file respondent's brief on the merits is extended to and including November 4, 2014.|
|Sep 4 2014||SET FOR ARGUMENT on Wednesday, December 10, 2014.|
|Sep 9 2014||Joint appendix filed. (Statement of costs filed.)|
|Sep 9 2014||Brief of petitioner United States filed.|
|Sep 22 2014||Record requested from U.S.C.A. 9th Circuit.|
|Sep 24 2014||Record received from U.S.C.A. 9th Ciricuit is electronic and located on PACER.|
|Nov 4 2014||Brief of respondent Marlene June, Conservator filed.|
|Nov 7 2014||CIRCULATED.|
|Nov 10 2014||Brief amicus curiae of Gregory C. Sisk filed. VIDED. (Distributed)|
|Nov 10 2014||Brief amici curiae of National Center for Law and Economic Justice, et al. filed. (Distributed)|
|Nov 10 2014||Brief amicus curiae of Arizona Association for Justice/Arizona Trial Lawyers Association filed. (Distributed)|
|Nov 12 2014||Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)|
|Nov 12 2014||Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed)|
|Nov 12 2014||Brief amicus curiae of Clinic for Legal Assistance to Servicemembers and Veterans filed. (Distributed)|
|Nov 12 2014||Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed)|
|Dec 3 2014||Reply of petitioner United States filed.|
|Dec 10 2014||Argued. For petitioner: Elizabeth Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: E. Joshua Rosenkranz, New York, N. Y.|
|Apr 22 2015||Judgment is AFFIRMED and CASE REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Thomas, JJ., joined. (Opinion also for No. 13-1074)|
|May 26 2015||JUDGMENT ISSUED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050