Carney v. Adams

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-309	3rd Cir.	Oct 5, 2020	Dec 10, 2020	8-0	Breyer	OT 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 Justice Breyer on December 10, 2020. Justice Sotomayor filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Opinion analysis: Court throws out challenge to Delaware rules on bipartisanship in judiciary (Amy Howe, December 10, 2020)
Argument analysis: Justices skeptical of challenge to Delaware rules on bipartisanship in judiciary (Amy Howe, October 5, 2020)
Case preview: Justices to consider Delaware rules on bipartisanship in judiciary (Amy Howe, October 4, 2020)
Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
Court releases October calendar (Amy Howe, July 13, 2020)
Justices postpone March argument session (Amy Howe, March 16, 2020)
Justices issue March argument calendar (Amy Howe, January 31, 2020)
Justices grant one new case for spring (Amy Howe, December 6, 2019)
Relist Watch (John Elwood, December 5, 2019)
Relist Watch (John Elwood, November 19, 2019)
Relist Watch (John Elwood, November 14, 2019)
Petitions of the week (Andrew Hamm, October 17, 2019)

Date	Proceedings and Orders (key to color coding)
07/11/2019	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.
07/16/2019	Application (19A57) granted by Justice Alito extending the time to file until September 4, 2019.
09/04/2019	Petition for a writ of certiorari filed. (Response due October 7, 2019)
09/06/2019	Supplement to list of directly related proceedings by petitioner filed.
09/23/2019	Blanket Consent filed by Petitioner, Governor of Delaware.
10/02/2019	Brief amici curiae of Professors filed.
10/07/2019	Brief amicus curiae of Joel Edan Friedlander filed.
10/07/2019	Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
10/07/2019	Brief amici curiae of Former Governors of the State of Delaware filed.
10/07/2019	Brief of respondent James R. Adams in opposition filed.
10/22/2019	Reply of petitioner John C. Carney, Governor of Delaware filed.
10/23/2019	DISTRIBUTED for Conference of 11/8/2019.
11/12/2019	DISTRIBUTED for Conference of 11/15/2019.
11/18/2019	DISTRIBUTED for Conference of 11/22/2019.
12/02/2019	DISTRIBUTED for Conference of 12/6/2019.
12/06/2019	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.
01/17/2020	Blanket Consent filed by Petitioner, John C. Carney, Governor of Delaware.
01/21/2020	Joint appendix filed. (Statement of costs filed)
01/21/2020	Brief of petitioner John C. Carney, Governor of Delaware filed. (February 13, 2020 - Corrected brief to be filed.)
01/21/2020	Brief of petitioner John C. Carney, Governor of Delaware filed (2/13/2020).
01/24/2020	Brief amici curiae of Former Chief Justices of the Delaware Supreme Court filed.
01/27/2020	Brief amici curiae of Professors filed.
01/28/2020	Brief amici curiae of State and Local Government Associations filed.
01/28/2020	Brief amici curiae of Former Governors of the State of Delaware filed.
01/28/2020	Brief amici curiae of The Delaware State Bar Association filed.
01/28/2020	Brief amici curiae of Professors Brian D. Feinstein and Daniel J. Hemel filed.
01/28/2020	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
01/28/2020	Brief amicus curiae of The Conference of Chief Justices in support of neither party filed.
01/28/2020	Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
01/28/2020	Brief amicus curiae of Campaign Legal Center filed.
01/28/2020	Brief amici curiae of Anthony Daunt and Norman Shinkle filed.
01/28/2020	Amicus brief of Republican National Committee not accepted for filing. (February 07, 2020 - corrected brief to be submitted).
01/28/2020	Brief amicus curiae of Republican National Committee filed (February 12, 2020 - corrected brief).
01/31/2020	SET FOR ARGUMENT on Wednesday, March 25, 2020.
02/19/2020	Record requested from the U.S.C.A. 3rd Circuit.
02/19/2020	CIRCULATED
02/20/2020	Brief of respondent James R. Adams filed. (Distributed)
02/24/2020	Record from the USCA 3rd Circuit and USDC District of Delaware (Wilmington) electronically received.
02/26/2020	Brief amicus curiae of Cato Institute filed. (Distributed)
02/26/2020	Brief amicus curiae of Public Citizen filed. (Distributed)
02/27/2020	Brief amici curiae of Lawyers and Professors filed. (Distributed)
02/27/2020	Brief amicus curiae of Libertarian National Committee filed. (Distributed). (Corrected brief to be submitted - March 16, 2020).
03/13/2020	Reply of John C. Carney, Governor of Delaware not accepted for filing. (March 16, 2020 - Corrected brief submitted)
03/13/2020	Reply of petitioner John C. Carney, Governor of Delaware filed (3/16/2020). (Distributed)
03/16/2020	ORAL ARGUMENT POSTPONED.
04/13/2020	Argument to be rescheduled for the October Term 2020.
07/13/2020	SET FOR ARGUMENT on Monday, October 5, 2020.
10/05/2020	Argued. For petitioner: Michael W. McConnell, Washington, D. C. For respondent: David L. Finger, Wilmington, Del.
12/10/2020	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.
01/11/2021	JUDGMENT ISSUED.