BNSF Railway Company v. Loos

Docket No.	Argument	Opinion	Vote	Author	Term
17-1042	Nov 6, 2018	Mar 4, 2019	7-2	Ginsburg	OT 2018

Holding: A railroad"s payment to an employee for working time lost due to an on-the-job injury is taxable "compensation" under the Railroad Retirement Tax Act.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Ginsburg on March 4, 2019. Justice Gorsuch filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

Opinion analysis: The doctrine that dare not speak its name (Daniel Hemel, March 4, 2019)
A view from the courtroom: Third Mondays (Mark Walsh, March 4, 2019)
OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
Argument analysis: Hating on Chevron (Daniel Hemel, November 7, 2018)
Argument preview: Please tax me more? (Daniel Hemel, October 30, 2018)
Two new grants, one CVSG today (Amy Howe, May 14, 2018)
Petition of the day (Aurora Barnes, February 26, 2018)

Date	Proceedings and Orders (key to color coding)
01/23/2018	Petition for a writ of certiorari filed. (Response due February 26, 2018)
02/06/2018	Waiver of right of respondent Michael Loos to respond filed.
02/14/2018	DISTRIBUTED for Conference of 3/2/2018.
02/21/2018	Response Requested. (Due March 23, 2018)
02/26/2018	Motion for leave to file amicus brief filed by Association of American Railroads.
03/23/2018	Brief of respondent Michael Loos in opposition filed.
04/10/2018	Reply of petitioner BNSF Railway Company filed.
04/11/2018	DISTRIBUTED for Conference of 4/27/2018.
05/07/2018	DISTRIBUTED for Conference of 5/10/2018.
05/14/2018	Motion for leave to file amicus brief filed by Association of American Railroads GRANTED.
05/14/2018	Petition GRANTED.
06/05/2018	Motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
06/08/2018	Motion to extend the time to file the joint appendix and 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 July 20, 2018. The time to file respondent's brief on the merits is extended to and including September 10, 2018.
07/06/2018	Blanket Consent filed by Respondent, Michael Loos.
07/20/2018	Brief of petitioner BNSF Railway Company filed.
07/20/2018	Joint appendix and supplemental volume filed.
07/27/2018	Brief amicus curiae of Association of American Railroads filed.
07/27/2018	Brief amicus curiae of United States filed.
08/20/2018	SET FOR ARGUMENT on Tuesday, November 6, 2018
09/10/2018	Record requested from the U.S.C.A. 8th Circuit.
09/10/2018	Brief of respondent Michael Loos filed.
09/12/2018	CIRCULATED
09/13/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/17/2018	Brief amicus curiae of American Association for Justice filed. (Distributed)
09/17/2018	Brief amici curiae of SMART and ARLA filed. (Distributed)
09/20/2018	Record received from the U.S.C.A. 8th Circuit. 1 Box, the record is complete.
10/01/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/10/2018	Reply of petitioner BNSF Railway Company filed. (Distributed)
10/30/2018	Letter of the United States filed. (Distributed).
11/06/2018	Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David C. Frederick, Washington, D. C.
03/04/2019	Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined.
04/05/2019	JUDGMENT ISSUED.
08/05/2019	The record from the U.S.C.A. 8th Circuit has been returned.