Badgerow v. Walters

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-1143	5th Cir.	Nov 2, 2021	Mar 31, 2022	8-1	Kagan	OT 2021

Holding: Federal jurisdiction in a petition to compel arbitration under Section 4 of the Federal Arbitration Act is determined by "looking through" the petition to the jurisdictional basis of the "underlying substantive controversy," Vaden v. Discover Bank, but that approach does not apply to petitions to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice Kagan on March 31, 2022. Justice Breyer filed a dissenting opinion.

SCOTUSblog Coverage

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Announcement of opinions for Thursday, March 31 (complete) (Angie Gou, March 31, 2022)
Justices balance policy and text to guide jurisdiction over motions to vacate arbitration awards (Ronald Mann, November 4, 2021)
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Date	Proceedings and Orders (key to color coding)
02/12/2021	Petition for a writ of certiorari filed. (Response due March 24, 2021)
03/24/2021	Brief of respondents Greg Walters, et al. in opposition filed.
04/02/2021	Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 7, 2021 to April 14, 2021, submitted to The Clerk.
04/05/2021	Motion to delay distribution of the petition for a writ certiorari until April 14, 2021 granted.
04/14/2021	DISTRIBUTED for Conference of 4/30/2021.
04/16/2021	Reply of petitioner Denise A. Badgerow filed. (Distributed)
05/10/2021	DISTRIBUTED for Conference of 5/13/2021.
05/17/2021	Petition GRANTED.
05/28/2021	Motion for an extension of time to file the briefs on the merits filed.
06/04/2021	Motion 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 July 22, 2021. The time to file respondents' brief on the merits is extended to and including September 10, 2021.
06/17/2021	Motion to dispense with printing the joint appendix filed by petitioner Denise A. Badgerow.
06/28/2021	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
07/22/2021	Brief of petitioner Denise A. Badgerow filed.
08/16/2021	ARGUMENT SET FOR Tuesday, November 2, 2021.
09/01/2021	Record requested from the U.S.C.A. 5th Circuit.
09/01/2021	The record from the U.S.C.A. 5th Circuit is electronic and availble on Pacer.
09/10/2021	Brief of respondents Greg Walters, et al. filed.
09/17/2021	Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
09/17/2021	Brief amicus curiae of Securities Industry and Financial Markets Association filed.(Distributed)
09/17/2021	Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)
09/21/2021	CIRCULATED
10/12/2021	Reply of petitioner Denise A. Badgerow filed. (Distributed)
11/02/2021	Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondents: Lisa S. Blatt, Washington, D. C.
03/31/2022	Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion.
05/02/2022	JUDGMENT ISSUED.