|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-1320||2d Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether, in the exercise of its Article I powers, Congress can infringe, reduce or diminish the territorial integrity of a state without its prior consent; (2) whether Congress possesses plenary power over Indian affairs and, if so, whether the plenary power expands the Indian commerce clause to authorize the displacement of state rights to territorial integrity; (3) whether the land acquisition in this case via the mechanism of 25 U.S.C. § 465 (now 25 U.S.C. § 5108) represents a violation of the limits inherently expressed in the Indian commerce clause that limits Congress’ power to “regulate” “commerce”; and (4) whether the 300,000-acre ancient Oneida Indian reservation in New York still exists.
|Date||Proceedings and Orders |
|Apr 26 2017||Petition for a writ of certiorari filed. (Response due June 1, 2017)|
|May 30 2017||Order extending time to file response to petition to and including July 3, 2017.|
|Jun 30 2017||Brief of respondents United States, et al. in opposition filed.|
|Jul 19 2017||DISTRIBUTED for Conference of September 25, 2017.|
|Sep 21 2017||Rescheduled.|
|Oct 02 2017||DISTRIBUTED for Conference of 10/6/2017.|
|Oct 03 2017||Rescheduled.|
|Oct 10 2017||DISTRIBUTED for Conference of 10/13/2017.|
|Oct 11 2017||Rescheduled.|
|Oct 23 2017||DISTRIBUTED for Conference of 10/27/2017.|
|Oct 24 2017||Rescheduled.|
|Oct 30 2017||DISTRIBUTED for Conference of 11/3/2017.|
|Nov 06 2017||DISTRIBUTED for Conference of 11/9/2017.|
|Nov 13 2017||DISTRIBUTED for Conference of 11/21/2017.|
|Nov 27 2017||Petition DENIED Justice Thomas, dissenting from the denials of certiorari. (Detached Opinion)|
#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