|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-961||D.C. Cir. _||
Dec 7, 2016
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Issue: Whether allegations that members of a business association agreed to adhere to the association’s rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the court of appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.
|Date||Proceedings and Orders |
|Dec 18 2015||Application (15A653) to extend the time to file a petition for a writ of certiorari from December 27, 2015 to January 27, 2016, submitted to The Chief Justice.|
|Dec 22 2015||Application (15A653) granted by The Chief Justice extending the time to file until January 27, 2016.|
|Jan 27 2016||Petition for a writ of certiorari filed. (Response due February 29, 2016)|
|Feb 11 2016||Order extending time to file response to petition to and including March 30, 2016.|
|Feb 29 2016||Brief amici curiae of American Society of Association Executives filed.|
|Feb 29 2016||Brief amici curiae of Antitrust Law Professors filed.|
|Mar 30 2016||Brief of respondents Sam Osborn, Andrew Mackmin, Barbara Inglis in opposition filed. VIDED.|
|Apr 11 2016||Reply of petitioners Visa Inc., et al. filed.|
|Apr 13 2016||DISTRIBUTED for Conference of April 29, 2016.|
|May 2 2016||Rescheduled.|
|May 31 2016||DISTRIBUTED for Conference of June 16, 2016.|
|Jun 20 2016||DISTRIBUTED for Conference of June 23, 2016.|
|Jun 27 2016||DISTRIBUTED for Conference of June 27, 2016.|
|Jun 28 2016||Petition GRANTED The petition for a writ of certiorari in No. 15-962 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.|
|Aug 5 2016||The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2016. VIDED|
|Aug 5 2016||The time to file respondents' briefs on the merits is extended to and including October 17, 2016. VIDED|
|Aug 31 2016||Motion to dispense with printing the joint appendix filed by petitioners Visa Inc., et al. VIDED.|
|Aug 31 2016||Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioners. VIDED|
|Sep 1 2016||Brief of petitioners Visa Inc., et al. filed. VIDED.|
|Sep 8 2016||Brief amici curiae of Chamber of the United States of America, et al. filed. VIDED.|
|Sep 8 2016||Brief amici curiae of American Society of Association Executives, et al. filed. VIDED.|
|Sep 8 2016||Brief amici curiae of Antitrust Law Professors filed. VIDED.|
|Sep 8 2016||Brief amici curiae of Financial Industry Associations filed. VIDED.|
|Oct 3 2016||Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED|
|Oct 17 2016||Brief of respondents Consumer Respondents filed. VIDED.|
|Oct 17 2016||Brief of the Non-Consumer Respondents filed. VIDED.|
|Oct 20 2016||Brief amicus curiae of United States Public Interest Research Group Education Fund, Inc. filed. VIDED.|
|Oct 21 2016||SET FOR ARGUMENT on Wednesday, December 7, 2016. VIDED|
|Oct 24 2016||Brief amicus curiae of United States filed. VIDED.|
|Oct 24 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.|
|Oct 24 2016||Brief amicus curiae of Public Justice, P.C. filed. VIDED.|
|Oct 24 2016||Brief amicus curiae of American Antitrust Institute filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amici curiae of Antitrust Law Professors and Economists filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amici curiae of National Retail Federation, et al. filed. VIDED. (Distributed)|
|Oct 24 2016||Brief amicus curiae of ATM Industry Association filed. VIDED. (Distributed)|
|Oct 26 2016||CIRCULATED.|
|Nov 1 2016||Record requested from the U.S.C.A. District of Columbia Circuit.|
|Nov 4 2016||Record received from the U.S.D.C. District of Columbia is electronic and located on PACER.|
|Nov 4 2016||Record received from U.S.C.A. District of Columbia Circuit is electronic and located on PACER. Also received are the oral argument transcripts, this record is electronic.|
|Nov 14 2016||Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.|
|Nov 16 2016||Reply of petitioners Visa Inc., et al. filed. VIDED. (Distributed)|
|Nov 17 2016||Writ of certiorari DISMISSED as improvidently granted. These cases were granted to resolve [w]hether allegations that members of a business association agreed to adhere to the associations rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act.. Pet. for Cert. in No. 15-961, p. i, and No. 15-962, p. I. After [h]aving persuaded us to grant certiorari on this issue, however, petitioners chose to rely on a different argument in their merits briefing. City and County of San Francisco v. Sheehan, 575 U. S. __, (2015) (slip op., at 7). The Court, therefore, orders that the writs in these cases be dismissed as improvidently granted. VIDED.|
|Dec 19 2016||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).