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Comptroller v. Wynne

Docket No.13-485
Op. BelowMd.
ArgumentNov 12, 2014

Holding

Maryland"s personal income tax scheme, which taxes income that its residents earn both within and outside the state but does not provide residents with a full credit against the income taxes that they pay to other states, violates the dormant Commerce Clause.

Judgment

Affirmed, 5-4, in an opinion by Samuel Alito on May 18, 2015. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined as to Parts I and II. Justice Thomas filed a dissenting opinion in which Justice Scalia joined except as to the first paragraph. Justice Ginsburg filed a dissenting opinion, in which Justices Scalia and Kagan joined.

Proceedings & orders timeline

Jul 23, 2013
Application (13A126) to extend the time to file a petition for a writ of certiorari from August 15, 2013 to October 14, 2013, submitted to The Chief Justice.
Jul 30, 2013
Application (13A126) granted by The Chief Justice extending the time to file until October 14, 2013.
Oct 13, 2013
Petition for a writ of certiorari filed. (Response due November 18, 2013)
Nov 6, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 15, 2013
Order extending time to file response to petition to and including December 18, 2013.
Nov 18, 2013
Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Nov 26, 2013
Brief of respondents Brian Wynne, and Karen Wynne in opposition filed.
Dec 10, 2013
Reply of petitioner Comptroller of the Treasury of Maryland filed.
Dec 11, 2013
DISTRIBUTED for Conference of January 10, 2014.
Jan 13, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 4, 2014
Brief amicus curiae of United States filed.
Apr 21, 2014
Supplemental brief of respondents Brian Wynne, and Karen Wynne filed.
Apr 22, 2014
DISTRIBUTED for Conference of May 15, 2014.
May 19, 2014
DISTRIBUTED for Conference of May 22, 2014.
May 27, 2014
Petition GRANTED.
Jun 5, 2014
Record received from Court of Appeals of Maryland. 1 Box.
Jun 11, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party , received from counsel for the petitioner.
Jun 13, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Jul 10, 2014
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 29, 2014.
Jul 10, 2014
The time to file respondents' brief on the merits is extended to and including September 19, 2014.
Jul 29, 2014
Joint appendix filed.
Jul 29, 2014
Brief of petitioner Comptroller of the Treasury of Maryland filed.
Aug 1, 2014
Brief amicus curiae of United States filed.
Aug 5, 2014
Brief amici curiae of International Municipal Lawyers Association, et al. filed.
Aug 5, 2014
Brief amicus curiae of Multistate Tax Commission filed.
Aug 26, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 4, 2014
SET FOR ARGUMENT on Wednesday, November 12, 2014.
Sep 19, 2014
CIRCULATED
Sep 19, 2014
Brief of respondents Brian Wynne, et ux. filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of American Association of Attorney-Certified Public Accountants, Inc. filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of National Association of Publicly Traded Partnerships filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Maryland Chamber of Commerce filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Sep 26, 2014
Brief amici curiae of Michael S. Knoll, and Ruth Mason filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Council on State Taxation filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Tax Foundation filed. (Distributed)
Sep 26, 2014
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Tax Executives Institute, Inc. filed. (Distributed)
Sep 26, 2014
Brief amicus curiae of Tax Economists filed. (Distributed)
Oct 15, 2014
Application (14A403) to extend the time to file a reply brief on the merits from October 20, 2014 to October 23, 2014, submitted to The Chief Justice.
Oct 16, 2014
Application (14A403) granted by The Chief Justice extending the time to file until October 23, 2014.
Oct 20, 2014
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 21, 2014
Application (14A426) to extend further the time within which to file petitioner's reply brief on the merits from October 23, 2014 to October 27, 2014, submitted to The Chief Justice.
Oct 22, 2014
Application (14A426) granted by The Chief Justice extending the time to file until October 24, 2014.
Oct 24, 2014
Reply of petitioner Comptroller of the Treasury of Maryland filed. (Distributed)
Nov 12, 2014
Argued. For petitioner: William F. Brockman, Acting Solicitor General, Baltimore, Md.; and Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Dominic F. Perella, Washington, D. C.
May 18, 2015
Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined as to Parts I and II. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined except as to the first paragraph. Ginsburg, J., filed a dissenting opinion, in which Scalia and Kagan, JJ., joined.
Jun 19, 2015
MANDATE ISSUED.

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