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Tennessee, By and Through the Tennessee General Assembly, et al. v. Department of State, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5478 · judgment July 24, 2019

Certiorari denied · October 13, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether both chambers of a state legislature, acting together, have institutional standing to sue the federal government when the federal government commandeers state funds for a federal program.

  2. Whether the federal government can constitutionally coerce a state to pay for a federal program from which the state has withdrawn by threatening to cut all the state’s Medicaid funding.

Counsel of record

For petitioner
John J. Bursch
Alliance Defending Freedom

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Linked docket
19A712

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 16 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 14 2020
    Reply of petitioners Tennessee General Assembly, et al. filed. (Distributed)
  4. Aug 18 2020
    Motion to delay distribution of the petition for a writ certiorari until September 16, 2020 granted.
  5. Aug 17 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from September 2, 2020 to September 16, 2020, submitted to The Clerk.
  6. Aug 14 2020
    Brief of respondents U.S. Department of State, et al. in opposition filed.
  7. Aug 04 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2020.
  8. Jul 31 2020
    Motion to extend the time to file a response from August 12, 2020 to August 14, 2020, submitted to The Clerk.
  9. Jun 26 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including August 12, 2020.
  10. Jun 24 2020
    Motion to extend the time to file a response from July 13, 2020 to August 12, 2020, submitted to The Clerk.
  11. May 15 2020
    Motion to extend the time to file a response is granted and the time is extended to and including July 13, 2020.
  12. May 14 2020
    Motion to extend the time to file a response from June 11, 2020 to July 13, 2020, submitted to The Clerk.
  13. May 12 2020
    Response Requested. (Due June 11, 2020)
  14. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  15. Apr 16 2020
    Brief amicus curiae of Immigration Reform Law Institute filed.
  16. Apr 15 2020
    Brief amicus curiae of Center for Immigration Studies filed.
  17. Apr 15 2020
    Brief amici curiae of Eagle Forum and Tennessee Eagle Forum filed.
  18. Apr 13 2020
    Waiver of right of respondents U.S. Department of State, et al. to respond filed.
  19. Mar 13 2020
    Petition for a writ of certiorari filed. (Response due April 16, 2020)
  20. Dec 27 2019
    Application (19A712) granted by Justice Sotomayor extending the time to file until March 16, 2020.
  21. Dec 19 2019
    Application (19A712) to extend the time to file a petition for a writ of certiorari from January 14, 2020 to March 14, 2020, submitted to Justice Sotomayor.
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