Virginia Uranium, Inc. v. Warren

Docket No.	Argument	Opinion	Vote	Author	Term
16-1275	Nov 5, 2018	Jun 17, 2019	6-3	Gorsuch	OT 2018

Holding: The U.S. Court of Appeals for the 4th Circuit"s judgment that the Atomic Energy Act does not preempt Virginia"s prohibition on uranium mining in the commonwealth is affirmed.

Judgment: Affirmed, 6-3, in an opinion by Justice Gorsuch on June 17, 2019. Justice Gorsuch announced the judgment of the court and delivered an opinion, in which Justices Thomas and Kavanaugh joined. Justice Ginsburg filed an opinion concurring in the judgment, in which Justices Sotomayor and Kagan joined. Chief Justice Roberts filed a dissenting opinion, in which Justices Breyer and Alito joined.

SCOTUSblog Coverage

Monday at the Supreme Court: Four opinions and a GVR (SCOTUStalk, June 19, 2019)
Opinion analysis: Virginias moratorium on uranium mining is not pre-empted, but the role of legislative purpose remains open for debate (Emily Hammond, June 17, 2019)
A "view" from the courtroom: A search for the elusive end of the term (Mark Walsh, June 17, 2019)
Argument analysis: Justices express skepticism over using legislative motive in pre-emption analysis (Emily Hammond, November 6, 2018)
Argument preview: Justices may consider role of legislative motive in pre-emption analysis (Emily Hammond, October 29, 2018)
Justices grant four new cases (Amy Howe, May 21, 2018)
Justices issue second order list from "long conference" (Amy Howe, October 2, 2017)
Petition of the day (Aurora Barnes, June 30, 2017)

Date	Proceedings and Orders (key to color coding)
04/21/2017	Petition for a writ of certiorari filed. (Response due May 25, 2017)
05/02/2017	Consent the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners
05/17/2017	Waiver of right of respondents John Warren, et al. to respond filed.
05/23/2017	DISTRIBUTED for Conference of June 8, 2017.
05/25/2017	Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
05/25/2017	Brief amici curiae of Senators Tom Cotton, et al. filed. (Distributed)
06/01/2017	Response Requested. (Due July 3, 2017)
06/15/2017	Order extending time to file response to petition to and including August 2, 2017.
08/02/2017	Brief of respondents John Warren, et al. in opposition filed.
08/15/2017	Reply of petitioners Virginia Uranium, Inc., et al. filed.
08/16/2017	DISTRIBUTED for Conference of 9/25/2017.
10/02/2017	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
04/09/2018	Brief amicus curiae of United States filed.
04/23/2018	Supplemental brief of respondents John Warren, et al. filed. (Distributed)
04/24/2018	DISTRIBUTED for Conference of 5/10/2018.
05/14/2018	DISTRIBUTED for Conference of 5/17/2018.
05/21/2018	Petition GRANTED.
05/22/2018	Blanket Consent filed by Petitioners, Virginia Uranium, Inc., et al..
05/23/2018	Blanket Consent filed by Respondents, John Warren, et al..
05/24/2018	Joint motion for an extension of time to file the joint appendix and the opening briefs on the merits filed.
06/11/2018	Joint 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 petitioners' brief on the merits is extended to and including July 19, 2018. The time to file respondents' brief on the merits is extended to and including August 27, 2018.
07/19/2018	Brief of petitioner Virginia Uranium, Inc., et al. filed.
07/19/2018	Joint appendix filed. (Statement of costs filed)
07/26/2018	Brief amicus curiae of Nuclear Energy Institute filed.
07/26/2018	Brief amicus curiae of United States filed.
07/26/2018	Brief amici curiae of Entergy Operations, Inc. and Entergy Nuclear Operations, Inc. filed.
07/26/2018	Brief amici curiae of Senator Tom Cotton, Senator Jim Inhofe, and Senator Ted Cruz filed.
07/26/2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
07/26/2018	Brief amici curiae of Former Nuclear Regulators filed.
08/20/2018	SET FOR ARGUMENT on Monday, November 5, 2018
08/27/2018	Brief of respondents John Warren, et al. filed.
08/29/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/04/2018	Brief amici curiae of Preemption Law Professors filed.
09/04/2018	Brief amici curiae of The Roanoke River Basin Association, et al. filed.
09/04/2018	Brief amici curiae of National Conference of State Legislators, et al. filed.
09/04/2018	Brief amici curiae of States of Indiana, et al. filed.
09/04/2018	Brief amici curiae of Members of the Southern Virginia Delegation to the Virginia General Assembly, et al. filed.
09/10/2018	Record requested from the U.S.C.A. 4th Circuit.
09/12/2018	CIRCULATED
09/18/2018	The entire record from the U.S.D.C. Western Dist. of Virginia is electronic and located on PACER.
09/26/2018	Reply of petitioners Virginia Uranium, Inc., et al. filed. (Distributed)
10/01/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/05/2018	Argued. For petitioners: Charles J. Cooper, Washington, D. C.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Toby J. Heytens, Solicitor General of Virginia, Richmond, Va.
06/17/2019	Adjudged to be AFFIRMED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Thomas and Kavanaugh, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Alito, JJ., joined.
07/19/2019	JUDGMENT ISSUED.