|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-423||D.C. Cir.||Nov 2, 2016||May 1, 2017||8-0||Breyer||OT 2016|
Holding: A case falls within the scope of the Foreign Sovereign Immunities Act’s expropriation exception only if the property in which a party claims to hold rights was indeed "property taken in violation of international law"; simply making a nonfrivolous argument to that effect is not sufficient; a court should resolve any factual disputes about a foreign sovereign's immunity defense as near to the outset of the case as is reasonably possible.
Judgment: Vacated and remanded, 8-0, in an opinion by Justice Breyer on May 1, 2017. Justice Gorsuch took no part in the consideration or decision of the case.
|Date||Proceedings and Orders |
|Oct 5 2015||Petition for a writ of certiorari filed. (Response due November 5, 2015)|
|Oct 27 2015||Order extending time to file response to petition to and including December 7, 2015.|
|Dec 3 2015||Order further extending time to file response to petition to and including January 6, 2016.|
|Jan 6 2016||Brief of respondents Helmerich & Payne International Drilling Co., et al. in opposition filed.|
|Jan 19 2016||Reply of petitioners Bolivarian Republic of Venezuela, et al. filed.|
|Jan 20 2016||DISTRIBUTED for Conference of February 19, 2016.|
|Feb 29 2016||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 24 2016||Brief amicus curiae of United States filed.|
|Jun 6 2016||Supplemental brief of respondents Helmerich & Payne International Drilling Co., et al. filed.|
|Jun 7 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||DISTRIBUTED for Conference of June 27, 2016.|
|Jun 28 2016||Petition GRANTED limited to Question 3 presented by the petition.|
|Jul 21 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.|
|Jul 28 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2016.|
|Jul 29 2016||The time to file respondents' brief on the merits is extended to and including September 26, 2016.|
|Aug 19 2016||Joint appendix filed. (Statement of costs filed)|
|Aug 19 2016||Brief of petitioners Bolivarian Republic of Venezuela, et al. filed.|
|Aug 26 2016||Brief amicus curiae of United States filed.|
|Sep 2 2016||SET FOR ARGUMENT On Wednesday, November 2, 2016|
|Sep 9 2016||Record has been requested from the U.S.C.A. District of Columbia Circuit.|
|Sep 23 2016||Record received from U.S.C.A. District of Columbia Circuit. The record is electronic and located on PACER, with the exception of an electronic copy of the transcript of the oral argument.|
|Sep 23 2016||Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.|
|Sep 26 2016||Brief of respondents Helmerich & Payne International Drilling Co., et al. filed.|
|Sep 28 2016||CIRCULATED|
|Sep 29 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Oct 3 2016||Brief amici curiae of Former State Department Attorneys John Norton Moore and Edwin D. Williamson filed. (Distributed)|
|Oct 17 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Oct 21 2016||Reply of petitioners Bolivarian Republic of Venezuela, et al. filed. (Distributed)|
|Nov 2 2016||Argued. For petitioners: Catherine E. Stetson, Washington, D. C.; and Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Catherine M.A. Carroll, Washington, D. C.|
|May 1 2017||Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of the case.|
|Jun 2 2017||JUDGMENT ISSUED.|
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).