Allen v. Cooper

Docket No.	Argument	Opinion	Vote	Author	Term
18-877	Nov 5, 2019	Mar 23, 2020	9-0	Kagan	OT 2019

Holding: Congress lacked authority to abrogate the states" sovereign immunity from copyright infringement suits in the Copyright Remedy Clarification Act of 1990.

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 23, 2020. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg joined.

SCOTUSblog Coverage

Live blog of orders and opinions (Update: Completed) (Kalvis Golde, March 23, 2020)
Opinion analysis: Congress cannot subject states to suit for pirating and plundering copyrighted material (Howard M. Wasserman, March 23, 2020)
Argument analysis: Justices pillage state arguments for sovereign immunity for copyright infringement (Howard M. Wasserman, November 6, 2019)
Aaarrrgument preview: Copyright and sovereign immunity in Davy Jones locker (Howard M. Wasserman, October 29, 2019)
Justices grant three new cases (Amy Howe, June 3, 2019)
Petitions of the week (Aurora Barnes, March 1, 2019)

Date	Proceedings and Orders (key to color coding)
10/18/2018	Application (18A412) to extend the time to file a petition for a writ of certiorari from November 7, 2018 to January 6, 2019, submitted to The Chief Justice.
10/19/2018	Application (18A412) granted by The Chief Justice extending the time to file until January 6, 2019.
01/04/2019	Petition for a writ of certiorari filed. (Response due February 7, 2019)
02/04/2019	Waiver of right of respondents Roy A. Cooper, III, Governor of North Carolina, et al. to respond filed.
02/07/2019	Brief amicus curiae of Ralph Oman filed.
02/07/2019	Brief amici curiae of David Nimmer, et al. filed.
02/07/2019	Brief amicus curiae of Recording Industry Association of America filed.
02/13/2019	DISTRIBUTED for Conference of 3/1/2019.
02/19/2019	Response Requested. (Due March 21, 2019)
02/20/2019	Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
02/25/2019	Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2019.
04/22/2019	Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. in opposition filed.
05/02/2019	Reply of petitioners Frederick L. Allen, et al. filed.
05/07/2019	DISTRIBUTED for Conference of 5/23/2019.
05/28/2019	DISTRIBUTED for Conference of 5/30/2019.
06/03/2019	Petition GRANTED.
06/18/2019	Motion to dispense with printing the joint appendix filed by petitioners Frederick L. Allen, et al.
06/18/2019	Joint motion for an extension of time to file the briefs on the merits filed.
06/24/2019	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
06/24/2019	Blanket Consent filed by Petitioners, Frederick L. Allen, et al.
06/24/2019	Blanket Consent filed by Respondent, Roy A. Cooper, III, Governor of North Carolina, et al.
06/26/2019	Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 20, 2019.
07/08/2019	SET FOR ARGUMENT on Tuesday, November 5, 2019.
08/06/2019	Brief of petitioners Frederick L. Allen, et al. filed.
08/12/2019	Brief amicus curiae of The Association of the Bar of the City of New York in support of neither party filed.
08/13/2019	Brief amicus curiae of Oracle America, Inc. filed.
08/13/2019	Brief amicus curiae of Ralph Oman filed.
08/13/2019	Brief amici curiae of Public Law Scholars filed.
08/13/2019	Brief amicus curiae of Washington Legal Foundation filed.
08/13/2019	Brief amicus curiae of Constitutional Accountability Center filed.
08/13/2019	Brief amicus curiae of Software & Information Industry Association.
08/13/2019	Brief amici curiae of American Society of Media Photographers, et al. filed.
08/13/2019	Brief amici curiae of Recording Industry Association of America, et al. filed.
08/13/2019	Brief amici curiae of The Copyright Alliance; The Chamber of Commerce of the United States filed.
08/13/2019	Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
08/13/2019	Brief amicus curiae of Dow Jones & Company, Inc. filed.
08/13/2019	Brief amici curiae of Law Professors filed.
09/03/2019	CIRCULATED
09/16/2019	Record requested from the U.S.C.A. 4th Circuit.
09/17/2019	Record received from the U.S.C.A. 4th Circuit is electronic and located on PACER. The record is complete, there are no sealed materials, paper filings, or exhibits in this record.
09/20/2019	Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. filed. (Distributed)
09/26/2019	Brief amici curiae of Law Professors filed. (Distributed)
09/27/2019	Brief amici curiae of Association of Public and Land-Grant Universities, et al. filed. (Distributed)
09/27/2019	Brief amici curiae of American Library Association, et al. filed. (Distributed)
09/27/2019	Brief amici curiae of State of West Virginia and 30 Other States filed. (Distributed)
09/27/2019	Brief amicus curiae of Professor Simone Rose filed. (Distributed)
10/18/2019	Reply of petitioners Frederick L. Allen, et al. filed. (Distributed)
11/05/2019	Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For respondents: Ryan Park, Deputy Solicitor General, Raleigh, N. C.
03/23/2020	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except for the final paragraph in Part II-A and the final paragraph in Part II-B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined.
04/24/2020	JUDGMENT ISSUED.