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Allen v. Cooper

Docket No. Argument Opinion Vote Author Term
18-877 Nov 5, 2019 Mar 23, 2020 9-0 Kagan OT 2019

Holding: Congress lacked authority to abrogate the states" sovereign immunity from copyright infringement suits in the Copyright Remedy Clarification Act of 1990.

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on March 23, 2020. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg joined.

DateProceedings and Orders (key to color coding)
10/18/2018Application (18A412) to extend the time to file a petition for a writ of certiorari from November 7, 2018 to January 6, 2019, submitted to The Chief Justice.
10/19/2018Application (18A412) granted by The Chief Justice extending the time to file until January 6, 2019.
01/04/2019Petition for a writ of certiorari filed. (Response due February 7, 2019)
02/04/2019Waiver of right of respondents Roy A. Cooper, III, Governor of North Carolina, et al. to respond filed.
02/07/2019Brief amicus curiae of Ralph Oman filed.
02/07/2019Brief amici curiae of David Nimmer, et al. filed.
02/07/2019Brief amicus curiae of Recording Industry Association of America filed.
02/13/2019DISTRIBUTED for Conference of 3/1/2019.
02/19/2019Response Requested. (Due March 21, 2019)
02/20/2019Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
02/25/2019Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2019.
04/22/2019Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. in opposition filed.
05/02/2019Reply of petitioners Frederick L. Allen, et al. filed.
05/07/2019DISTRIBUTED for Conference of 5/23/2019.
05/28/2019DISTRIBUTED for Conference of 5/30/2019.
06/03/2019Petition GRANTED.
06/18/2019Motion to dispense with printing the joint appendix filed by petitioners Frederick L. Allen, et al.
06/18/2019Joint motion for an extension of time to file the briefs on the merits filed.
06/24/2019Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
06/24/2019Blanket Consent filed by Petitioners, Frederick L. Allen, et al.
06/24/2019Blanket Consent filed by Respondent, Roy A. Cooper, III, Governor of North Carolina, et al.
06/26/2019Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is extended to and including August 6, 2019. The time to file respondents' brief on the merits is extended to and including September 20, 2019.
07/08/2019SET FOR ARGUMENT on Tuesday, November 5, 2019.
08/06/2019Brief of petitioners Frederick L. Allen, et al. filed.
08/12/2019Brief amicus curiae of The Association of the Bar of the City of New York in support of neither party filed.
08/13/2019Brief amicus curiae of Oracle America, Inc. filed.
08/13/2019Brief amicus curiae of Ralph Oman filed.
08/13/2019Brief amici curiae of Public Law Scholars filed.
08/13/2019Brief amicus curiae of Washington Legal Foundation filed.
08/13/2019Brief amicus curiae of Constitutional Accountability Center filed.
08/13/2019Brief amicus curiae of Software & Information Industry Association.
08/13/2019Brief amici curiae of American Society of Media Photographers, et al. filed.
08/13/2019Brief amici curiae of Recording Industry Association of America, et al. filed.
08/13/2019Brief amici curiae of The Copyright Alliance; The Chamber of Commerce of the United States filed.
08/13/2019Brief amicus curiae of Intellectual Property Law Association of Chicago filed.
08/13/2019Brief amicus curiae of Dow Jones & Company, Inc. filed.
08/13/2019Brief amici curiae of Law Professors filed.
09/03/2019CIRCULATED
09/16/2019Record requested from the U.S.C.A. 4th Circuit.
09/17/2019Record received from the U.S.C.A. 4th Circuit is electronic and located on PACER. The record is complete, there are no sealed materials, paper filings, or exhibits in this record.
09/20/2019Brief of respondents Roy A. Cooper, III, Governor of North Carolina, et al. filed. (Distributed)
09/26/2019Brief amici curiae of Law Professors filed. (Distributed)
09/27/2019Brief amici curiae of Association of Public and Land-Grant Universities, et al. filed. (Distributed)
09/27/2019Brief amici curiae of American Library Association, et al. filed. (Distributed)
09/27/2019Brief amici curiae of State of West Virginia and 30 Other States filed. (Distributed)
09/27/2019Brief amicus curiae of Professor Simone Rose filed. (Distributed)
10/18/2019Reply of petitioners Frederick L. Allen, et al. filed. (Distributed)
11/05/2019Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For respondents: Ryan Park, Deputy Solicitor General, Raleigh, N. C.
03/23/2020Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined except for the final paragraph in Part II-A and the final paragraph in Part II-B. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined.
04/24/2020JUDGMENT ISSUED.