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Department of Transportation v. Association of American Railroads

Docket No. Op. Below Argument Opinion Vote Author Term
13-1080 D.C. Cir. Dec 8, 2014 Mar 9, 2015 9-0 Kennedy OT 2014

Holding: For purposes of the validity of the "metrics and standards," formulated together with the Federal Railroad Association, addressing the performance and scheduling of passenger railroad services, including Amtrak"s on-time performance and train delays caused by host railroads, Amtrak is a governmental entity.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kennedy on March 9, 2015. Justice Alito filed a concurring opinion. Justice Thomas filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/27/2013Application (13A678) to extend the time to file a petition for a writ of certiorari from January 9, 2014 to February 7, 2014, submitted to The Chief Justice.
12/31/2013Application (13A678) granted by The Chief Justice extending the time to file until February 7, 2014.
01/27/2014Application (13A678) to extend further the time from February 7, 2014 to March 10, 2014, submitted to The Chief Justice.
01/28/2014Application (13A678) granted by The Chief Justice extending the time to file until March 10, 2014.
03/10/2014Petition for a writ of certiorari filed. (Response due April 10, 2014)
03/18/2014Order extending time to file response to petition to and including May 12, 2014.
04/10/2014Brief amicus curiae of Professor Alexander Volokh filed.
05/12/2014Brief of respondent Association of American Railroads in opposition filed.
05/27/2014DISTRIBUTED for Conference of June 12, 2014.
05/28/2014Reply of petitioner Department of Transportation filed. (Distributed)
06/16/2014DISTRIBUTED for Conference of June 19, 2014.
06/23/2014Petition GRANTED.
07/21/2014The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2014.
07/21/2014The time to file respondent's brief on the merits is extended to and including September 22, 2014.
08/14/2014Joint appendix filed. (Statement of costs filed.)
08/14/2014Brief of petitioner Department of Transportation filed.
08/21/2014Brief amici curiae of Environmental Law and Policy Center, et al. filed.
09/04/2014SET FOR ARGUMENT on Monday, December 8, 2014.
09/22/2014Brief of respondent Association of American Railroads filed.
09/22/2014Record requested from U.S.C.A. District of Columbia Circuit.
09/26/2014Record received from U.S.C.A. District of Columbia Circuit, the record is electronic.
09/29/2014Brief amicus curiae of Association of Independent Passenger Rail Operators filed.
09/29/2014Brief amicus curiae of Resolute Forest Products Inc. filed.
09/29/2014Brief amici curiae of Cato Institute, et al. filed.
09/29/2014Brief amici curiae of American Council of Trustees and Alumni, et al. filed.
09/29/2014Brief amicus curiae of Center for Constitutional Jurisprudence filed.
09/29/2014Brief amicus curiae of Chamber of Commerce of the United States of America filed.
09/29/2014Brief amicus curiae of Center for the Rule of Law filed.
09/29/2014Brief amicus curiae of Professor Alexander Volokh filed.
10/22/2014Reply of petitioner Department of Transportation filed.
10/27/2014CIRCULATED.
12/08/2014Argued. For petitioners: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Thomas H. Dupree, Jr., Washington, D. C.
12/19/2014Letter from counsel for the petitioners updating authority. (Distributed)
03/09/2015Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.
04/10/2015JUDGMENT ISSUED.