Tyler v. Hennepin County, Minnesota

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-166	8th Cir.	Apr 26, 2023	May 25, 2023	9-0	Roberts	OT 2022

Holding: Geraldine Tyler plausibly alleges that Hennepin County unconstitutionally retained the excess value of her home above her tax debt in violation of the takings clause.

Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on May 25, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined.

SCOTUSblog Coverage

Justices rule Minnesota county violated takings clause (Amy Howe, May 25, 2023)
Justices appear likely to side with homeowner in foreclosure dispute (Amy Howe, April 26, 2023)
Court to hear dispute over confiscated condo title and sale (Amy Howe, April 25, 2023)
Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)

Date	Proceedings and Orders (key to color coding)
05/09/2022	Application (21A712) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 10, 2022, submitted to Justice Kavanaugh.
05/13/2022	Application (21A712) granted by Justice Kavanaugh extending the time to file until August 10, 2022.
07/25/2022	Application (21A712) to extend further the time from August 10, 2022 to August 19, 2022, submitted to Justice Kavanaugh.
07/28/2022	Application (21A712) granted by Justice Kavanaugh extending the time to file until August 19, 2022.
08/19/2022	Petition for a writ of certiorari filed. (Response due September 22, 2022)
09/09/2022	Waiver of right of respondent Hennepin County, et al. to respond filed.
09/09/2022	Blanket Consent filed by Petitioner, Geraldine Tyler
09/14/2022	DISTRIBUTED for Conference of 10/7/2022.
09/16/2022	Brief amicus curiae of National Taxpayers Union Foundation filed. (Distributed)
09/20/2022	Response Requested. (Due October 20, 2022)
09/20/2022	Brief amici curiae of David C. Wilkes, et al. filed.
09/21/2022	Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
09/21/2022	Brief amicus curiae of Wisconsin Realtors Association filed.
09/22/2022	Motion to extend the time to file a response from October 20, 2022 to December 19, 2022, submitted to The Clerk.
09/22/2022	Brief amici curiae of AARP and AARP Foundation filed.
09/22/2022	Brief amicus curiae of PioneerLegal, LLC filed.
09/22/2022	Brief amici curiae of Buckeye Institute and the Competitive Enterprise Institute filed.
09/23/2022	Motion to extend the time to file a response is granted in part and the time is extended to and including December 5, 2022.
10/20/2022	Brief amicus curiae of Cato Institute filed.
12/05/2022	Brief of Hennepin County, et al. in opposition not accepted for filing. (December 06, 2022)
12/05/2022	Brief of respondents Hennepin County, et al. in opposition filed.
12/19/2022	Reply of petitioner Geraldine Tyler filed. (Distributed)
12/21/2022	DISTRIBUTED for Conference of 1/6/2023.
01/09/2023	DISTRIBUTED for Conference of 1/13/2023.
01/13/2023	Petition GRANTED.
01/31/2023	SET FOR ARGUMENT on Wednesday, April 26, 2023.
02/08/2023	Record requested from the U.S.C.A.-8th Circuit.
02/21/2023	Record received from the U.S.C.A.-8th Circuit (1 box). Record request also forwarded to District Court.
02/22/2023	Rule 35.3 letter re substitution of party filed by respondents.
02/27/2023	Brief of petitioner Geraldine Tyler filed.
02/27/2023	Joint appendix filed. (Statement of costs filed)
03/01/2023	Brief amicus curiae of Ralph D. Clifford filed.
03/02/2023	Brief amici curiae of Cato Institute, et al. filed.
03/02/2023	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
03/02/2023	Brief amicus curiae of Liberty Justice Center filed.
03/02/2023	Brief amicus curiae of Wisconsin Realtors Association filed.
03/03/2023	Brief amici curiae of David C. Wilkes, et al. filed.
03/03/2023	Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
03/03/2023	Brief amicus curiae of Atlantic Legal Foundation filed.
03/06/2023	Brief amici curiae of National Taxpayers Union Foundation, et al. filed.
03/06/2023	Brief amici curiae of National Association of Realtors, Minnesota Realtors, and American Property Owners Alliance filed.
03/06/2023	Brief amici curiae of U.S. Representatives Tom Emmer, Pete Stauber, Michelle Fischbach, and Brad Finstad filed.
03/06/2023	Brief amicus curiae of Monica Toth filed.
03/06/2023	Brief amicus curiae of New England Legal Foundation filed.
03/06/2023	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
03/06/2023	Brief amicus curiae of Constitutional Accountability Center filed.
03/06/2023	Brief amicus curiae of Professor Beth A. Colgan filed.
03/06/2023	Brief amicus curiae of PioneerLegal, LLC filed.
03/06/2023	Brief amicus curiae of Americans for Prosperity Foundation filed.
03/06/2023	Brief amicus curiae of United States supporting neither party filed.
03/06/2023	Brief amicus curiae of Francis J. Coffey, as Personal Representative of the Estates of Leona M. Warsowick, et al. filed.
03/06/2023	Brief amici curiae of AARP, AARP Foundation, and National Consumer Law Center filed.
03/06/2023	Brief amici curiae of States of Utah, Arkansas, Kansas, Kentucky, Louisiana, North Dakota, Texas, and West Virginia filed.
03/06/2023	Brief amici curiae of New Disabled South and Emory Law School Disabled Law Students Association filed.
03/06/2023	Brief amicus curiae of Public Citizen filed.
03/06/2023	Brief amici curiae of Buckeye Institute, et al. filed.
03/06/2023	Brief amicus curiae of National Legal Aid & Defender Association filed.
03/10/2023	The record for the U.S.D.C.-District of Minnesota is available on PACER.
03/24/2023	CIRCULATED
03/29/2023	Brief of respondents Hennepin County, et al. filed. (Distributed)
03/29/2023	Lodging proposal of amici curiae Minnesota, et al. filed. (Distributed)
03/30/2023	Letter of petitioner in opposition to lodging proposal of Minnesota, et al. filed. (Distributed)
03/31/2023	Brief amici curiae of National Tax Lien Association, the Arizona County Treasurers Association, and the Tax Collectors & Treasurers Association of New Jersey filed. (Distributed)
03/31/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/31/2023	Response of respondent in support of proposed lodging of Minnesota, et al. filed. (Distributed)
04/04/2023	Brief amici curiae of Minnesota, et al. filed. (Distributed)
04/04/2023	Brief amicus curiae of James J. Kelly filed. (Distributed)
04/04/2023	Brief amicus curiae of Frank S. Alexander filed. (Distributed)
04/05/2023	Brief amicus curiae of Wisconsin Counties Association filed. (Distributed)
04/05/2023	Brief amicus curiae of Oakland County filed. (Distributed)
04/05/2023	Brief amici curiae of County Treasurers Association of Ohio, et al. filed. (Distributed)
04/05/2023	Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, International Municipal Lawyers Association, and Government Finance Officers Association filed. (Distributed)
04/05/2023	Brief amici curiae of Michigan Association of Counties, et al. filed. (Distributed)
04/05/2023	Brief amici curiae of Association of Minnesota Counties, et al. filed. (Distributed)
04/12/2023	Reply of petitioner Geraldine Tyler filed. (Distributed)
04/14/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED IN PART, a total of 65 minutes is allotted, and the time is divided as follows: 25 minutes for petitioner, 10 minutes for the Solicitor General, and 30 minutes for respondents.
04/26/2023	Argued. For petitioner: Christina M. Martin, Palm Beach Gardens, Fla. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C
05/25/2023	Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined.
06/14/2023	Record returned to the U.S.C.A.-8th Circuit (1 box).
06/26/2023	Judgment issued.