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Dawson v. Steager

Docket No.17-419
Op. BelowW. Va.
ArgumentDec 3, 2018

Holding

By taxing the federal pension benefits of U.S. Marshals Service retiree James Dawson, while exempting from taxation the pension benefits of certain state and local law enforcement officers, West Virginia unlawfully discriminates against Dawson as 4 U.S.C. §111 forbids.

Judgment

Reversed and remanded, 9-0, in an opinion by Neil Gorsuch on Feb 20, 2019.

Proceedings & orders timeline

Aug 7, 2017
Application (17A159) to extend the time to file a petition for a writ of certiorari from August 15, 2017 to October 13, 2017, submitted to The Chief Justice.
Aug 9, 2017
Application (17A159) granted by The Chief Justice extending the time to file until September 9, 2017.
Aug 25, 2017
Application (17A159) to extend further the time from September 9, 2017 to September 25, 2017, submitted to The Chief Justice.
Aug 29, 2017
Application (17A159) granted by The Chief Justice extending the time to file until September 19, 2017. No further extensions will be granted.
Sep 19, 2017
Petition for a writ of certiorari filed. (Response due October 19, 2017)
Oct 5, 2017
Order extending time to file response to petition to and including November 20, 2017.
Nov 20, 2017
Brief of respondent Dale Steager, WV State Tax Comm'r in opposition filed.
Dec 5, 2017
Reply of petitioner James Dawson filed.
Dec 6, 2017
DISTRIBUTED for Conference of 1/5/2018.
Jan 8, 2018
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 15, 2018
Brief amicus curiae of United States filed.
May 29, 2018
DISTRIBUTED for Conference of 6/14/2018.
May 29, 2018
Supplemental brief of respondent Dale Steager, WV State Tax Commissioner filed. (Distributed)
Jun 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 25, 2018
Petition GRANTED limited to the question presented by the Solicitor General in his brief for the United States as amicus curiae.
Jul 17, 2018
Letter re Briefing Schedule of James Dawson not accepted for filing. (Corrected letter to be submitted - July 23, 2018)
Jul 24, 2018
Motion for an extension of time to file the opening briefs on the merits filed.
Jul 27, 2018
Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2018. The time to file respondent's brief on the merits is extended to and including October 16, 2018.
Aug 28, 2018
Brief of petitioner James Dawson filed.
Aug 28, 2018
Joint appendix filed. (Statement of costs filed)
Aug 29, 2018
Blanket Consent filed by Petitioner, James Dawson
Aug 31, 2018
Blanket Consent filed by Respondent, Dale Steager, WV State Tax Commissioner
Sep 4, 2018
Brief amicus curiae of United States filed.
Sep 4, 2018
Brief amicus curiae of NARFE filed.
Sep 27, 2018
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 9, 2018
SET FOR ARGUMENT ON Monday, December 3, 2018
Oct 9, 2018
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Oct 15, 2018
Record requested from the Supreme Court of West Virginia.
Oct 16, 2018
Brief of respondent Dale Steager, WV State Tax Commissioner filed.
Oct 19, 2018
CIRCULATED
Nov 6, 2018
Record received from the Supreme Court of West Virginia is complete. (1 Box)
Nov 15, 2018
Reply of petitioner James Dawson filed. (Distributed)
Dec 3, 2018
Argued. For petitioners: Lawrence D. Rosenberg, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lindsay S. See, West Virginia Solicitor General, Charleston, W. Va.
Feb 20, 2019
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court.
Mar 25, 2019
MANDATE ISSUED.
Mar 25, 2019
JUDGMENT ISSUED.

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