|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-1498||8th Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether the U.S. Court of Appeals for the 8th Circuit erred in holding—consistent with decisions of the U.S. Court of Appeals for the 1st Circuit but in conflict with those of the U.S. Courts of Appeals for the 3rd, 5th and 7th Circuits—that under Firestone Tire & Rubber Co. v. Bruch, which imposes a highly deferential standard of judicial review to interpretations of Employee Retirement Income Security Act plans by administrators to whom the plans delegate interpretive discretion, an administrator’s determination that an ERISA plan authorizes certain remedial actions or measures is necessarily unreasonable merely because the plan is silent on the matter; and (2) whether the Firestone deference standard allows courts to reject an otherwise reasonable plan construction that is lawful under ERISA but, in the court’s view, pushes ERISA’s boundaries.
|Date||Proceedings and Orders |
|May 30 2019||Petition for a writ of certiorari filed. (Response due July 1, 2019)|
|Jun 17 2019||Motion to extend the time to file a response from July 1, 2019 to July 31, 2019, submitted to The Clerk.|
|Jun 18 2019||Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2019.|
|Jul 29 2019||Motion to extend the time to file a response from July 31, 2019 to August 30, 2019, submitted to The Clerk.|
|Jul 30 2019||Motion to extend the time to file a response is granted and the time is further extended to and including August 30, 2019.|
|Aug 22 2019||Motion to extend the time to file a response from August 30, 2019 to October 1, 2019, submitted to The Clerk.|
|Aug 23 2019||Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2019.|
|Sep 30 2019||Motion to extend the time to file a response from October 1, 2019 to October 31, 2019, submitted to The Clerk.|
|Oct 01 2019||Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2019.|
|Oct 21 2019||Stipulation of dismissal under Rule 46 filed.|
|Oct 22 2019||Petition Dismissed - Rule 46.|
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).