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Winston-Salem Industries for the Blind v. PDS Consultants Inc.

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Petition for certiorari denied on January 13, 2020
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 19 2019Application (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 2019Application (19A84) granted by The Chief Justice extending the time to file until September 9, 2019.
Sep 09 2019Petition for a writ of certiorari filed. (Response due October 11, 2019)
Sep 17 2019Blanket Consent filed by Petitioner, Winston-Salem Industries for the Blind.
Oct 03 2019Motion 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 2019Motion 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 2019Brief amici curiae of Alphapointe, et al. filed.
Oct 11 2019Brief amicus curiae of National Association for the Employment of People Who Are Blind filed.
Oct 11 2019Brief amicus curiae of SourceAmerica filed.
Oct 11 2019Brief amicus curiae of City of Winston-Salem filed.
Oct 11 2019Brief amicus curiae of American Council of the Blind filed.
Oct 11 2019Brief amicus curiae of National Industries for the Blind filed.
Oct 29 2019Motion 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 2019Motion 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 2019Brief of respondent United States in opposition filed.
Dec 09 2019Waiver of right of respondent PDS Consultants, Inc. to respond filed.
Dec 20 2019Reply of petitioner Winston-Salem Industries for the Blind filed.
Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 13 2020Petition DENIED.