Skip to main content

Carney v. Adams

Docket No.19-309
Op. Below3rd Cir.
ArgumentOct 5, 2020

Holding

Because Adams has not shown that he was "able and ready" to apply for a judicial vacancy in the imminent future, he has failed to show a "personal," "concrete" and "imminent" injury necessary for Article III standing.

Judgment

Vacated and remanded, 8-0, in an opinion by Stephen G. Breyer on Dec 10, 2020. Justice Sotomayor filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.

Proceedings & orders timeline

Jul 11, 2019
Application (19A57) to extend the time to file a petition for a writ of certiorari from August 5, 2019 to October 4, 2019, submitted to Justice Alito.
Jul 16, 2019
Application (19A57) granted by Justice Alito extending the time to file until September 4, 2019.
Sep 4, 2019
Petition for a writ of certiorari filed. (Response due October 7, 2019)
Sep 6, 2019
Supplement to list of directly related proceedings by petitioner filed.
Sep 23, 2019
Blanket Consent filed by Petitioner, Governor of Delaware.
Oct 2, 2019
Brief amici curiae of Professors filed.
Oct 7, 2019
Brief amicus curiae of Joel Edan Friedlander filed.
Oct 7, 2019
Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
Oct 7, 2019
Brief amici curiae of Former Governors of the State of Delaware filed.
Oct 7, 2019
Brief of respondent James R. Adams in opposition filed.
Oct 22, 2019
Reply of petitioner John C. Carney, Governor of Delaware filed.
Oct 23, 2019
DISTRIBUTED for Conference of 11/8/2019.
Nov 12, 2019
DISTRIBUTED for Conference of 11/15/2019.
Nov 18, 2019
DISTRIBUTED for Conference of 11/22/2019.
Dec 2, 2019
DISTRIBUTED for Conference of 12/6/2019.
Dec 6, 2019
Petition GRANTED. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether respondent has demonstrated Article III standing.
Jan 17, 2020
Blanket Consent filed by Petitioner, John C. Carney, Governor of Delaware.
Jan 21, 2020
Joint appendix filed. (Statement of costs filed)
Jan 21, 2020
Brief of petitioner John C. Carney, Governor of Delaware filed. (February 13, 2020 - Corrected brief to be filed.)
Jan 21, 2020
Brief of petitioner John C. Carney, Governor of Delaware filed (2/13/2020).
Jan 24, 2020
Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
Jan 27, 2020
Brief amici curiae of Professors filed.
Jan 28, 2020
Brief amici curiae of State and Local Government Associations filed.
Jan 28, 2020
Brief amici curiae of Former Governors of the State of Delaware filed.
Jan 28, 2020
Brief amici curiae of The Delaware State Bar Association filed.
Jan 28, 2020
Brief amici curiae of Professors Brian D. Feinstein and Daniel J. Hemel filed.
Jan 28, 2020
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Jan 28, 2020
Brief amicus curiae of The Conference of Chief Justices in support of neither party filed.
Jan 28, 2020
Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Jan 28, 2020
Brief amicus curiae of Campaign Legal Center filed.
Jan 28, 2020
Brief amici curiae of Anthony Daunt and Norman Shinkle filed.
Jan 28, 2020
Amicus brief of Republican National Committee not accepted for filing. (February 07, 2020 - corrected brief to be submitted).
Jan 28, 2020
Brief amicus curiae of Republican National Committee filed (February 12, 2020 - corrected brief).
Jan 31, 2020
SET FOR ARGUMENT on Wednesday, March 25, 2020.
Feb 19, 2020
Record requested from the U.S.C.A. 3rd Circuit.
Feb 19, 2020
CIRCULATED
Feb 20, 2020
Brief of respondent James R. Adams filed. (Distributed)
Feb 24, 2020
Record from the USCA 3rd Circuit and USDC District of Delaware (Wilmington) electronically received.
Feb 26, 2020
Brief amicus curiae of Cato Institute filed. (Distributed)
Feb 26, 2020
Brief amicus curiae of Public Citizen filed. (Distributed)
Feb 27, 2020
Brief amici curiae of Lawyers and Professors filed. (Distributed)
Feb 27, 2020
Brief amicus curiae of Libertarian National Committee filed. (Distributed). (Corrected brief to be submitted - March 16, 2020).
Mar 13, 2020
Reply of John C. Carney, Governor of Delaware not accepted for filing. (March 16, 2020 - Corrected brief submitted)
Mar 13, 2020
Reply of petitioner John C. Carney, Governor of Delaware filed (3/16/2020). (Distributed)
Mar 16, 2020
ORAL ARGUMENT POSTPONED.
Apr 13, 2020
Argument to be rescheduled for the October Term 2020.
Jul 13, 2020
SET FOR ARGUMENT on Monday, October 5, 2020.
Oct 5, 2020
Argued. For petitioner: Michael W. McConnell, Washington, D. C. For respondent: David L. Finger, Wilmington, Del.
Dec 10, 2020
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the case. Sotomayor, J., filed a concurring opinion.
Jan 11, 2021
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.