Franchise Tax Board of California v. Hyatt
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1299 | Nev. | Jan 9, 2019 | May 13, 2019 | 5-4 | Thomas | OT 2018 |
Holding: Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on May 13, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent (Anita Krishnakumar, May 24, 2019)
- Opinion analysis: Hyatt fulfills expectations in a surprising way (Richard M. Re, May 14, 2019)
- OT2018 #16: "From Scratch" (First Mondays, January 28, 2019)
- OT2018 #14: "Decent Take" (First Mondays, January 14, 2019)
- Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt (Richard M. Re, January 9, 2019)
- A “view” from the courtroom: Comity Central (Mark Walsh, January 9, 2019)
- Argument preview: Immunity, precedent and federalism in Franchise Tax Board of California v. Hyatt (Richard M. Re, January 3, 2019)
- OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
| Date | Proceedings and Orders |
|---|---|
| Mar 12 2018 | Petition for a writ of certiorari filed. (Response due April 13, 2018) |
| Apr 09 2018 | Waiver of right of respondent Gilbert P. Hyatt to respond filed. |
| Apr 10 2018 | Letter of April 10, 2018 from counsel for petitioner received. |
| Apr 13 2018 | Brief amici curiae of State of Indiana and 44 other States filed. |
| Apr 13 2018 | Brief amicus curiae of Multistate Tax Commission filed. |
| Apr 24 2018 | DISTRIBUTED for Conference of 5/10/2018. |
| May 01 2018 | Response Requested. (Due May 31, 2018) |
| May 31 2018 | Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner. |
| May 31 2018 | Brief of respondent Gilbert P. Hyatt in opposition filed. |
| Jun 05 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 06 2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 03 2018 | Motion to dispense with printing the joint appendix filed by petitioner Franchise Tax Board of the State of California. |
| Jul 18 2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| Aug 01 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2018. The time to file respondent's brief on the merits is extended to and including November 15, 2018. |
| Aug 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 06 2018 | Blanket Consent filed by Petitioner, Franchise Tax Board of the State of California. |
| Sep 07 2018 | Blanket Consent filed by Respondent, Gilbert P. Hyatt. |
| Sep 11 2018 | Brief of petitioner Franchise Tax Board of the State of California filed. |
| Sep 18 2018 | Brief amici curiae of Law Professors filed. |
| Sep 18 2018 | Brief amici curiae of Multistate Tax Commission, et al. filed. |
| Sep 18 2018 | Brief amici curiae of Professors William Baude and Stephen E. Sachs in support of neither party filed. |
| Sep 18 2018 | Brief amici curiae of Alan B. Morrison & Darien Shanske in support of neither party filed. |
| Sep 18 2018 | Brief amici curiae of State of Indiana and 43 other States filed. |
| Sep 18 2018 | Brief amicus curiae of James C. Giudici in support of neither party filed. |
| Oct 26 2018 | Withdrawal of amicus curiae brief of James C. Giudici. Letter of James C. Giudici received October 30, 2018. |
| Nov 15 2018 | Brief of respondent Gilbert P. Hyatt filed. |
| Nov 21 2018 | Brief amici curiae of Professors of Federal Jurisdiction filed. |
| Nov 28 2018 | SET FOR ARGUMENT ON Wednesday, January 9, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the Supreme Court of Nevada. |
| Dec 14 2018 | Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed) |
| Dec 27 2018 | The record from the Supreme Court of Nevada and from the Eight Judicial Dist. Court is electronic and complete. |
| Dec 27 2018 | Record received from the Supreme Court of Nevada, one box (some SEALED documents). |
| Jan 09 2019 | Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Erwin Chemerinsky, Berkeley, Cal. |
| May 13 2019 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| Jun 17 2019 | JUDGMENT ISSUED. |
| Jun 17 2019 | MANDATE ISSUED. |
