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Department of Transportation v. Association of American Railroads

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1080 D.C. Cir. Dec 8, 2014 Mar 9, 2015 9-0 Kennedy OT 2014

Holding: For purposes of the validity of the “metrics and standards,” formulated together with the Federal Railroad Association, addressing the performance and scheduling of passenger railroad services, including Amtrak’s on-time performance and train delays caused by host railroads, Amtrak is a governmental entity.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kennedy on March 9, 2015. Justice Alito filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 27 2013Application (13A678) to extend the time to file a petition for a writ of certiorari from January 9, 2014 to February 7, 2014, submitted to The Chief Justice.
Dec 31 2013Application (13A678) granted by The Chief Justice extending the time to file until February 7, 2014.
Jan 27 2014Application (13A678) to extend further the time from February 7, 2014 to March 10, 2014, submitted to The Chief Justice.
Jan 28 2014Application (13A678) granted by The Chief Justice extending the time to file until March 10, 2014.
Mar 10 2014Petition for a writ of certiorari filed. (Response due April 10, 2014)
Mar 18 2014Order extending time to file response to petition to and including May 12, 2014.
Apr 10 2014Brief amicus curiae of Professor Alexander Volokh filed.
May 12 2014Brief of respondent Association of American Railroads in opposition filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 28 2014Reply of petitioner Department of Transportation filed. (Distributed)
Jun 16 2014DISTRIBUTED for Conference of June 19, 2014.
Jun 23 2014Petition GRANTED.
Jul 21 2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2014.
Jul 21 2014The time to file respondent's brief on the merits is extended to and including September 22, 2014.
Aug 14 2014Joint appendix filed. (Statement of costs filed.)
Aug 14 2014Brief of petitioner Department of Transportation filed.
Aug 21 2014Brief amici curiae of Environmental Law and Policy Center, et al. filed.
Sep 4 2014SET FOR ARGUMENT on Monday, December 8, 2014.
Sep 22 2014Brief of respondent Association of American Railroads filed.
Sep 22 2014Record requested from U.S.C.A. District of Columbia Circuit.
Sep 26 2014Record received from U.S.C.A. District of Columbia Circuit, the record is electronic.
Sep 29 2014Brief amicus curiae of Association of Independent Passenger Rail Operators filed.
Sep 29 2014Brief amicus curiae of Resolute Forest Products Inc. filed.
Sep 29 2014Brief amici curiae of Cato Institute, et al. filed.
Sep 29 2014Brief amici curiae of American Council of Trustees and Alumni, et al. filed.
Sep 29 2014Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Sep 29 2014Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Sep 29 2014Brief amicus curiae of Center for the Rule of Law filed.
Sep 29 2014Brief amicus curiae of Professor Alexander Volokh filed.
Oct 22 2014Reply of petitioner Department of Transportation filed.
Oct 27 2014CIRCULATED.
Dec 8 2014Argued. For petitioners: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Thomas H. Dupree, Jr., Washington, D. C.
Dec 19 2014Letter from counsel for the petitioners updating authority. (Distributed)
Mar 9 2015Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.
Apr 10 2015JUDGMENT ISSUED.