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Fair v. Continental Resources

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Petition for certiorari granted, judgment vacated, and case remanded to the Supreme Court of Nebraska for further consideration in light of Tyler v. Hennepin County on June 5, 2023.
Docket No. Op. Below Argument Opinion Vote Author Term
22-160 Neb. N/A N/A N/A N/A OT 2022

Issues: (1) Whether the government violates the Fifth Amendment's takings clause when it confiscates property worth more than the debt owed by the owner; and (2) whether the forfeiture of far more property than needed to satisfy a delinquent tax debt, plus interest, penalties, and costs, constitutes an excessive fine within the meaning of the Eighth Amendment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 12 2022Application (21A729) to extend the time to file a petition for a writ of certiorari from July 11, 2022 to August 10, 2022, submitted to Justice Kavanaugh.
May 23 2022Application (21A729) granted by Justice Kavanaugh extending the time to file until August 10, 2022.
Jul 25 2022Application (21A729) to extend further the time from August 10, 2022 to August 19, 2022, submitted to Justice Kavanaugh.
Jul 28 2022Application (21A729) granted by Justice Kavanaugh extending the time to file until August 19, 2022.
Aug 18 2022Petition for a writ of certiorari filed. (Response due September 21, 2022)
Sep 08 2022Blanket Consent filed by Petitioner, Kevin L. Fair
Sep 09 2022Waiver of right of respondents Scotts Bluff County, Heather Hanschild to respond filed.
Sep 16 2022Motion for leave to file amicus brief filed by National Taxpayers Union Foundation.
Sep 19 2022Waiver of right of respondent Continental Resources to respond filed.
Sep 20 2022Waiver of right of respondent Doug Peterson, Attorney General for the State of Nebraska to respond filed.
Sep 21 2022Motion for leave to file amicus brief filed by PioneerLegal, LLC.
Sep 21 2022Motion for leave to file amici brief filed by Cato Institute, et al.
Sep 21 2022Motion for leave to file amici brief filed by AARP, et al.
Sep 28 2022DISTRIBUTED for Conference of 10/14/2022.
Sep 28 2022Response Requested. (Due October 28, 2022)
Oct 17 2022Motion to extend the time to file a response from October 28, 2022 to December 2, 2022, submitted to The Clerk.
Oct 18 2022Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2022, for all respondents.
Dec 02 2022Brief of respondent Continental Resources, et al. in opposition filed.
Dec 15 2022Reply of petitioner Kevin L. Fair filed.
Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
May 30 2023DISTRIBUTED for Conference of 6/1/2023.
Jun 05 2023Motion for leave to file amicus brief filed by National Taxpayers Union Foundation GRANTED.
Jun 05 2023Motion for leave to file amici brief filed by AARP, et al. GRANTED.
Jun 05 2023Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
Jun 05 2023Motion for leave to file amicus brief filed by PioneerLegal, LLC GRANTED.
Jun 05 2023Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tyler v. Hennepin County, 598 U. S. ___ (2023).
Jul 07 2023Judgment and mandate issued.