Publishers Business Services Inc. v. Federal Trade Commission

Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of AMG Capital Management, LLC v. FTC, on May 3, 2021

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-507	9th Cir.	N/A	N/A	N/A	N/A	OT 2020

Issue: (1) Whether a district court can award monetary relief under Section 13(b) of the Federal Trade Commission Act, consistent with separation of powers principles; and (2) whether a monetary disgorgement award under Section 13(b) of the FTC Act is a penalty and therefore outside a district court"s inherent equity powers.

SCOTUSblog Coverage

Relist Watch: The final countdown (SCOTUSblog, July 9, 2020)
Relists Return (John Elwood, June 30, 2020)
FTC files own petition, suggesting divide in federal government (Amy Howe, January 3, 2020)
Petitions of the week (Andrew Hamm, November 15, 2019)

Date	Proceedings and Orders (key to color coding)
08/30/2019	Application (19A255) to extend the time to file a petition for a writ of certiorari from September 17, 2019 to October 18, 2019, submitted to Justice Kagan.
09/05/2019	Application (19A255) granted by Justice Kagan extending the time to file until October 18, 2019.
10/18/2019	Petition for a writ of certiorari filed. (Response due November 18, 2019)
11/13/2019	Brief amicus curiae of Cause of Action Institute filed. VIDED
11/18/2019	Brief amicus curiae of Washington Legal Foundation filed. VIDED.
11/18/2019	Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
11/19/2019	Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
12/13/2019	Brief of respondent Federal Trade Commission in opposition filed.
12/20/2019	Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
12/23/2019	DISTRIBUTED for Conference of 1/10/2020.
12/23/2019	Reply of petitioners Publishers Business Services, Inc., et al. filed.
01/02/2020	Rescheduled.
04/01/2020	DISTRIBUTED for Conference of 4/17/2020.
04/02/2020	Rescheduled.
04/28/2020	DISTRIBUTED for Conference of 5/15/2020.
06/22/2020	DISTRIBUTED for Conference of 6/25/2020.
06/29/2020	DISTRIBUTED for Conference of 7/1/2020.
06/30/2020	Supplemental brief of petitioners Publishers Business Services, Inc., et al. filed.
07/08/2020	DISTRIBUTED for Conference of 7/8/2020.
04/26/2021	DISTRIBUTED for Conference of 4/30/2021.
05/03/2021	Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of AMG Capital Management, LLC v. FTC, 593 U. S. ___ (2021).
06/04/2021	JUDGMENT ISSUED.