Virginia Uranium, Inc. v. Warren
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1275 | 4th Cir. | Nov 5, 2018 | Jun 17, 2019 | 6-3 | Gorsuch | OT 2018 |
Holding: The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
Judgment: Affirmed, 6-3, in an opinion by Justice Gorsuch on June 17, 2019. Justice Gorsuch announced the judgment of the court and delivered an opinion, in which Justices Thomas and Kavanaugh joined. Justice Ginsburg filed an opinion concurring in the judgment, in which Justices Sotomayor and Kagan joined. Chief Justice Roberts filed a dissenting opinion, in which Justices Breyer and Alito joined.
SCOTUSblog Coverage
- Monday at the Supreme Court: Four opinions and a GVR (SCOTUStalk, June 19, 2019)
- Opinion analysis: Virginia’s moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate (Emily Hammond, June 17, 2019)
- A "view" from the courtroom: A search for the elusive end of the term (Mark Walsh, June 17, 2019)
- Argument analysis: Justices express skepticism over using legislative motive in pre-emption analysis (Emily Hammond, November 6, 2018)
- Argument preview: Justices may consider role of legislative motive in pre-emption analysis (Emily Hammond, October 29, 2018)
- Justices grant four new cases (Amy Howe, May 21, 2018)
- Justices issue second order list from "long conference" (Amy Howe, October 2, 2017)
- Petition of the day (Aurora Barnes, June 29, 2017)
| Date | Proceedings and Orders |
|---|---|
| Apr 21 2017 | Petition for a writ of certiorari filed. (Response due May 25, 2017) |
| May 02 2017 | Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners |
| May 17 2017 | Waiver of right of respondents John Warren, et al. to respond filed. |
| May 23 2017 | DISTRIBUTED for Conference of June 8, 2017. |
| May 25 2017 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed) |
| May 25 2017 | Brief amici curiae of Senators Tom Cotton, et al. filed. (Distributed) |
| Jun 01 2017 | Response Requested. (Due July 3, 2017) |
| Jun 15 2017 | Order extending time to file response to petition to and including August 2, 2017. |
| Aug 02 2017 | Brief of respondents John Warren, et al. in opposition filed. |
| Aug 15 2017 | Reply of petitioners Virginia Uranium, Inc., et al. filed. |
| Aug 16 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Oct 02 2017 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 09 2018 | Brief amicus curiae of United States filed. |
| Apr 23 2018 | Supplemental brief of respondents John Warren, et al. filed. (Distributed) |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 14 2018 | DISTRIBUTED for Conference of 5/17/2018. |
| May 21 2018 | Petition GRANTED. |
| May 22 2018 | Blanket Consent filed by Petitioners, Virginia Uranium, Inc., et al.. |
| May 23 2018 | Blanket Consent filed by Respondents, John Warren, et al.. |
| May 24 2018 | Joint motion for an extension of time to file the joint appendix and the opening briefs on the merits filed. |
| Jun 11 2018 | Joint motion to extend the time to file the joint appendix and the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 19, 2018. The time to file respondents' brief on the merits is extended to and including August 27, 2018. |
| Jul 19 2018 | Brief of petitioner Virginia Uranium, Inc., et al. filed. |
| Jul 19 2018 | Joint appendix filed. (Statement of costs filed) |
| Jul 26 2018 | Brief amicus curiae of Nuclear Energy Institute filed. |
| Jul 26 2018 | Brief amicus curiae of United States filed. |
| Jul 26 2018 | Brief amici curiae of Entergy Operations, Inc. and Entergy Nuclear Operations, Inc. filed. |
| Jul 26 2018 | Brief amici curiae of Senator Tom Cotton, Senator Jim Inhofe, and Senator Ted Cruz filed. |
| Jul 26 2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Jul 26 2018 | Brief amici curiae of Former Nuclear Regulators filed. |
| Aug 20 2018 | SET FOR ARGUMENT on Monday, November 5, 2018 |
| Aug 27 2018 | Brief of respondents John Warren, et al. filed. |
| Aug 29 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 04 2018 | Brief amici curiae of Preemption Law Professors filed. |
| Sep 04 2018 | Brief amici curiae of The Roanoke River Basin Association, et al. filed. |
| Sep 04 2018 | Brief amici curiae of National Conference of State Legislators, et al. filed. |
| Sep 04 2018 | Brief amici curiae of States of Indiana, et al. filed. |
| Sep 04 2018 | Brief amici curiae of Members of the Southern Virginia Delegation to the Virginia General Assembly, et al. filed. |
| Sep 10 2018 | Record requested from the U.S.C.A. 4th Circuit. |
| Sep 12 2018 | CIRCULATED |
| Sep 18 2018 | The entire record from the U.S.D.C. Western Dist. of Virginia is electronic and located on PACER. |
| Sep 26 2018 | Reply of petitioners Virginia Uranium, Inc., et al. filed. (Distributed) |
| Oct 01 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 05 2018 | Argued. For petitioners: Charles J. Cooper, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Toby J. Heytens, Solicitor General of Virginia, Richmond, Va. |
| Jun 17 2019 | Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Thomas and Kavanaugh, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Alito, JJ., joined. |
| Jul 19 2019 | JUDGMENT ISSUED. |
