Fair v. Continental Resources
Petition for certiorari granted, judgment vacated, and case remanded to the Supreme Court of Nebraska for further consideration in light of Tyler v. Hennepin County on June 5, 2023.
Issue: (1) Whether the government violates the Fifth Amendment's takings clause when it confiscates property worth more than the debt owed by the owner; and (2) whether the forfeiture of far more property than needed to satisfy a delinquent tax debt, plus interest, penalties, and costs, constitutes an excessive fine within the meaning of the Eighth Amendment.
SCOTUSblog Coverage
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
- Pressure rises to reconsider decades-old ruling on religion at work (Kalvis Golde, September 9, 2022)
| Date | Proceedings and Orders |
|---|---|
| 05/12/2022 | Application (21A729) to extend the time to file a petition for a writ of certiorari from July 11, 2022 to August 10, 2022, submitted to Justice Kavanaugh. |
| 05/23/2022 | Application (21A729) granted by Justice Kavanaugh extending the time to file until August 10, 2022. |
| 07/25/2022 | Application (21A729) to extend further the time from August 10, 2022 to August 19, 2022, submitted to Justice Kavanaugh. |
| 07/28/2022 | Application (21A729) granted by Justice Kavanaugh extending the time to file until August 19, 2022. |
| 08/18/2022 | Petition for a writ of certiorari filed. (Response due September 21, 2022) |
| 09/08/2022 | Blanket Consent filed by Petitioner, Kevin L. Fair |
| 09/09/2022 | Waiver of right of respondents Scotts Bluff County, Heather Hanschild to respond filed. |
| 09/16/2022 | Motion for leave to file amicus brief filed by National Taxpayers Union Foundation. |
| 09/19/2022 | Waiver of right of respondent Continental Resources to respond filed. |
| 09/20/2022 | Waiver of right of respondent Doug Peterson, Attorney General for the State of Nebraska to respond filed. |
| 09/21/2022 | Motion for leave to file amicus brief filed by PioneerLegal, LLC. |
| 09/21/2022 | Motion for leave to file amici brief filed by Cato Institute, et al. |
| 09/21/2022 | Motion for leave to file amici brief filed by AARP, et al. |
| 09/28/2022 | DISTRIBUTED for Conference of 10/14/2022. |
| 09/28/2022 | Response Requested. (Due October 28, 2022) |
| 10/17/2022 | Motion to extend the time to file a response from October 28, 2022 to December 2, 2022, submitted to The Clerk. |
| 10/18/2022 | Motion to extend the time to file a response is granted and the time is extended to and including December 2, 2022, for all respondents. |
| 12/02/2022 | Brief of respondent Continental Resources, et al. in opposition filed. |
| 12/15/2022 | Reply of petitioner Kevin L. Fair filed. |
| 12/21/2022 | DISTRIBUTED for Conference of 1/6/2023. |
| 01/09/2023 | DISTRIBUTED for Conference of 1/13/2023. |
| 05/30/2023 | DISTRIBUTED for Conference of 6/1/2023. |
| 06/05/2023 | Motion for leave to file amicus brief filed by National Taxpayers Union Foundation GRANTED. |
| 06/05/2023 | Motion for leave to file amici brief filed by AARP, et al. GRANTED. |
| 06/05/2023 | Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED. |
| 06/05/2023 | Motion for leave to file amicus brief filed by PioneerLegal, LLC GRANTED. |
| 06/05/2023 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tyler v. Hennepin County, 598 U. S. ___ (2023). |
| 07/07/2023 | Judgment and mandate issued. |