|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-329||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether the Tucker Act’s grant of bid-protest jurisdiction to the Court of Federal Claims extends to suits that challenge the lawfulness of a federal agency’s acquisition policies and practices, and their underlying statutory foundation, outside the context of a specific solicitation regarding, or the award of, a government contract; and (2) whether Congress intended 38 U.S.C. § 8127(d)’s competitive-bidding preference for providers owned and controlled by veterans to trump the mandatory requirements of the Javits-Wagner-O’Day Act, which directs the federal government to acquire certain goods and services exclusively from nonprofit entities that employ blind and severely disabled individuals, that dictate that agencies must acquire goods and services in the first instance using the AbilityOne Procurement List.
|Date||Proceedings and Orders |
|Jul 19 2019||Application (19A84) to extend the time to file a petition for a writ of certiorari from August 8, 2019 to September 9, 2019, submitted to The Chief Justice.|
|Jul 22 2019||Application (19A84) granted by The Chief Justice extending the time to file until September 9, 2019.|
|Sep 09 2019||Petition for a writ of certiorari filed. (Response due October 11, 2019)|
|Sep 17 2019||Blanket Consent filed by Petitioner, Winston-Salem Industries for the Blind.|
|Oct 03 2019||Motion of the Solicitor General to extend the time to file a response from October 11, 2019 to November 12, 2019, submitted to The Clerk.|
|Oct 04 2019||Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2019, for all respondents.|
|Oct 10 2019||Brief amici curiae of Alphapointe, et al. filed.|
|Oct 11 2019||Brief amicus curiae of National Association for the Employment of People Who Are Blind filed.|
|Oct 11 2019||Brief amicus curiae of SourceAmerica filed.|
|Oct 11 2019||Brief amicus curiae of City of Winston-Salem filed.|
|Oct 11 2019||Brief amicus curiae of American Council of the Blind filed.|
|Oct 11 2019||Brief amicus curiae of National Industries for the Blind filed.|
|Oct 29 2019||Motion of the Solicitor General to extend the time to file a response from November 12, 2019 to December 9, 2019, submitted to The Clerk.|
|Oct 30 2019||Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2019, for all respondents.|
|Dec 09 2019||Brief of respondent United States in opposition filed.|
|Dec 09 2019||Waiver of right of respondent PDS Consultants, Inc. to respond filed.|
|Dec 20 2019||Reply of petitioner Winston-Salem Industries for the Blind filed.|
|Dec 23 2019||DISTRIBUTED for Conference of 1/10/2020.|
|Jan 13 2020||Petition DENIED.|
Today at the court:
A nuts-and-bolts question of civil procedure. After an appeal is decided, do courts have discretion to limit the administrative “costs” that the prevailing party can recover from the losing party?
Argument begins at 10:00 a.m. EDT.
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By @StanfordLaw’s Gregory Ablavsky.
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Cast your vote below!
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