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BP p.l.c., et al. v. Mayor and City Council of Baltimore

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1644 · judgment March 6, 2020

Decided · May 17, 2021
Pre-decision estimate: 25% cert probability (95% interval 16%–37%)

Before the decision, about 6.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a dissent in the court below (flagged in the petition).

Question presented

Section 1447(d) of Title 28 of the United States Code generally precludes appellate review of an order remanding a removed case to state court. But Section 1447(d) expressly provides that an "order remanding a case * * * removed pursuant to" the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C.1443, "shall be reviewable by appeal or otherwise." Some courts of appeals have interpreted Section 1447(d) to permit appellate review of any issue encompassed in a district court's remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes; other courts of appeals, including the Fourth Circuit in this case, have held thatappellate review is limited to the federal-officer or civil rights ground for removal. The question presented is as follows: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court's order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil rights removal statute, 28 U.S.C. 1443. JUSTICE ALITO TOOK NO PART

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Victor M. Sher
Sher Edling LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 cert-stage · 16 merits
(10 supporting pet./neither, 6 respondent)

Argument & decision

Argued January 19, 2021 — Kannon K. Shanmugam · Victor M. Sher. Audio and transcript

Decided May 17, 2021.

Proceedings

  1. Jun 18 2021
    JUDGMENT ISSUED.
  2. May 17 2021
    Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion. Alito, J., took no part in the consideration or decision of the case.
  3. Jan 19 2021
    Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C.; and Brinton Lucas, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Victor M. Sher, San Francisco, Cal.
  4. Jan 08 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
  5. Jan 08 2021
    Reply of petitioners BP p.l.c., et al. filed. (Distributed)
  6. Dec 30 2020
    The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer.
  7. Dec 23 2020
    Brief amici curiae of Chesapeake Bay Foundation and Natural Resources Defense Council filed. (Distributed)
  8. Dec 23 2020
    Brief amici curiae of Senators Whitehouse, et al. filed. (Distributed)
  9. Dec 23 2020
    Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
  10. Dec 23 2020
    Brief amici curiae of States of New York, et al. filed. (Distributed)
  11. Dec 23 2020
    Brief amici curiae of Boulder County, San Miguel County, and the City of Boulder, Colorado filed. (Corrected Copy) (Distributed)
  12. Dec 22 2020
    Brief amici curiae of State and Local Government Groups filed. (Distributed)
  13. Dec 16 2020
    Brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
  14. Dec 11 2020
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  15. Dec 08 2020
    CIRCULATED
  16. Dec 03 2020
    Record requested from the U.S.C.A. 4th Circuit.
  17. Nov 25 2020
    SET FOR ARGUMENT on Wednesday, January 19, 2021.
  18. Nov 23 2020
    Brief amicus curiae of United States filed.
  19. Nov 23 2020
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  20. Nov 23 2020
    Brief amicus curiae of Washington Legal Foundation filed.
  21. Nov 23 2020
    Brief amici curiae of States of Indiana, et al. filed.
  22. Nov 23 2020
    Brief amici curiae of Richard B. Myers and Michael G. Mullen filed.
  23. Nov 23 2020
    Brief amicus curiae of American Petroleum Institute filed.
  24. Nov 23 2020
    Brief amici curiae of The National Association of Manufacturers, et al. filed.
  25. Nov 23 2020
    Brief amicus curiae of Energy Policy Advocates filed.
  26. Nov 20 2020
    Brief amicus curiae of DRI - Voice of the Defense Bar filed.
  27. Nov 18 2020
    Brief amicus curiae of Atlantic Legal Foundation filed.
  28. Nov 16 2020
    Joint appendix filed. (Statement of cost filed)
  29. Nov 16 2020
    Brief of petitioners BP p.l.c., et al. filed.
  30. Oct 22 2020
    Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
  31. Oct 07 2020
    Blanket Consent filed by Petitioner, BP p.l.c., et al.
  32. Oct 02 2020
    Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
  33. Jul 23 2020
    Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
  34. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  35. Jul 15 2020
    Reply of petitioners BP p.l.c., et al. filed. (Distributed)
  36. Jun 29 2020
    Brief of respondent Mayor and City Council of Baltimore in opposition filed.
  37. May 13 2020
    Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received.
  38. Apr 30 2020
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  39. Apr 30 2020
    Brief amici curiae of States of Indiana, et al. filed.
  40. Apr 30 2020
    Brief amici curiae of The National Association of Manufacturers filed.
  41. Apr 30 2020
    Brief amicus curiae of Energy Policy Advocates filed.
  42. Apr 24 2020
    Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
  43. Apr 23 2020
    Reply in support of motion from respondent filed.
  44. Apr 21 2020
    Response to motion from petitioner BP p.l.c., et al. filed.
  45. Apr 17 2020
    Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk.
  46. Apr 13 2020
    Blanket Consent filed by Petitioner, BP p.l.c., et al.
  47. Mar 31 2020
    Petition for a writ of certiorari filed. (Response due April 30, 2020)