Nebraska and Oklahoma v. Colorado
Motion for leave to file a bill of complaint denied on March 21, 2016.
Issue: (1) Whether the Court will grant Nebraska and Oklahoma leave to file an original action to seek a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution; (2) whether Colorado should be enjoined from any and all application and implementation of Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; (3) whether Colorado should be enjoined from any and all application and implementation of statutes or regulations promulgated pursuant to Sections 16(4) and (5) of Article XVIII of the Colorado Constitution; and (4) whether Colorado should be ordered to pay the plaintiff states" costs and expenses associated with this legal action, including attorneys" fees. CVSG: 12/18/2015.
SCOTUSblog Coverage
- U.S. opposes marijuana challenge by Colorado's neighbors (Lyle Denniston, December 17, 2015)
- Solicitor General recommends double denials in invitation briefs (Amy Howe, May 20, 2015)
- Two states sue to block Colorado marijuana markets (Lyle Denniston, December 19, 2014)
| Date | Proceedings and Orders |
|---|---|
| 12/18/2014 | Motion for leave to file a bill of complaint filed. |
| 02/10/2015 | Order extending time to file response to the bill of complaint to and including March 27, 2015 |
| 02/19/2015 | Brief amici curiae of All Nine Former Administrators of Drug Enforcement filed. |
| 03/27/2015 | Brief amicus curiae of Washington and Oregon filed. |
| 03/27/2015 | Brief of respondent Colorado in opposition filed. |
| 04/03/2015 | Reply of plaintiffs Nebraska and Oklahoma filed. |
| 04/15/2015 | DISTRIBUTED for Conference of May 1, 2015. |
| 05/04/2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/16/2015 | Brief amicus curiae of United States filed. |
| 01/05/2016 | Supplemental brief of petitioners Nebraska and Oklahoma filed. (Distributed) |
| 01/06/2016 | DISTRIBUTED for Conference of January 22, 2016. |
| 02/08/2016 | DISTRIBUTED for Conference of February 19, 2016. |
| 02/29/2016 | DISTRIBUTED for Conference of March 4, 2016. |
| 03/14/2016 | DISTRIBUTED for Conference of March 18, 2016. |
| 03/21/2016 | Motion for leave to file a bill of complaint DENIED. Justice Thomas with whom Justice Alito joins, dissenting from the denial of motion for leave to file complaint. (Detached Opinion) |