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Food and Drug Administration v. Wages and White Lion Investments, LLC

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1038 5th Cir. Dec 2, 2024
 TBD TBD TBD OT 2024

Issue: Whether the court of appeals erred in setting aside the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products as arbitrary and capricious.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 19 2024Petition for a writ of certiorari filed. (Response due April 18, 2024)
Apr 04 2024Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.
Apr 05 2024Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.
Apr 18 2024Brief amici curiae of Public Health, Medical, and Community Groups filed.
Apr 18 2024Brief amicus curiae of Logic Technology Development LLC filed.
May 15 2024Brief amici curiae of Vaping Industry Stakeholders filed.
May 17 2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. in opposition filed.
Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 04 2024Reply of petitioner Food and Drug Administration filed. (Distributed)
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024Petition GRANTED.
Jul 23 2024Motion for an extension of time to file the briefs on the merits filed.
Jul 24 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 7, 2024.
Aug 26 2024Brief of petitioner Food and Drug Administration filed.
Aug 26 2024Joint appendix filed. (Statement of cost filed)
Aug 30 2024Brief amici curiae of Public Health, Medical, and Community Groups filed.
Sep 03 2024Brief amicus curiae of Global Action to End Smoking, Inc. in support of neither party filed.
Sep 03 2024Brief amici curiae of Sixteen Members of Congress filed.
Sep 03 2024Brief amici curiae of Massachusetts, et al. filed.
Oct 07 2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. filed.
Oct 08 2024Brief amici curiae of Vaping Industry Stakeholders filed.
Oct 10 2024Brief amicus curiae of Washington Legal Foundation filed.
Oct 15 2024Brief amicus curiae of Coalition of Manufacturers of Smoking Alternatives filed.
Oct 15 2024Brief amici curiae of Thirteen Members of Congress, et al. filed.
Oct 15 2024Brief amicus curiae of Logic Technology Development LLC filed.
Oct 15 2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed.
Oct 15 2024Brief amicus curiae of Taxpayers Protection Alliance filed.
Oct 15 2024Brief amici curiae of R.J. Reynolds Vapor Company, et al. filed.
Oct 15 2024Brief amicus curiae of Vapor Technology Association filed.
Oct 15 2024Brief amicus curiae of Goldwater Institute filed.
Oct 18 2024SET FOR ARGUMENT on Monday, December 2, 2024.
Oct 21 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Oct 22 2024CIRCULATED
Nov 06 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Nov 06 2024Reply of petitioner Food and Drug Administration filed. (Distributed)