Supreme Court of the United States · Official docket →
William K. Harrington, United States Trustee, Region 2 v. Clinton Nurseries, Inc., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1209 · judgment May 24, 2021
Before the decision, about 5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Second Circuit decision below, and down for a business respondent.
Questions presented
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Whether Section 1004(a) of the Bankruptcy Judgeship Act of 2017, Pub. L. No. 115-72, Div. B, 131 Stat. 1232 (28 U.S.C. 1930(a)(6)(B) (2018)), which amended the schedule of quarterly fees payable to the United States Trustee in certain pending bankruptcy cases, contravened Congress’s constitutional authority to “establish * * * uniform Laws on the subject of Bankruptcies,” U.S. Const. Art. I, § 8, Cl. 4, because it was initially applied only in the 88 federal judicial districts that have United States Trustees but not in the 6 districts that have Bankruptcy Administrators.
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Whether, if Section 1004(a) is found unconstitutional, the appropriate remedy is to require the United States Trustee to refund a portion of the quarterly fees paid by respondents in a United States Trustee district.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Bradley Loy Drell
Gold, Weems, Bruser, Sues & Rundell, APLC
Proceedings
- Nov 14 2022Judgment issued.
- Oct 11 2022Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Siegel v. Fitzgerald, 596 U. S. ___ (2022).
- Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
- Aug 30 2022Memorandum For Respondents filed.
- Jul 29 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 1, 2022, for all respondents.
- Jul 26 2022Motion to extend the time to file a response from August 1, 2022 to September 1, 2022, submitted to The Clerk.
- Jun 17 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 1, 2022, for all respondents.
- Jun 14 2022Motion to extend the time to file a response from July 1, 2022 to August 1, 2022, submitted to The Clerk.
- May 11 2022Motion to extend the time to file a response is granted and the time is further extended to and including July 1, 2022, for all respondents.
- May 09 2022Motion to extend the time to file a response from June 3, 2022 to July 1, 2022, submitted to The Clerk.
- Apr 22 2022Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2022.
- Apr 20 2022Motion to extend the time to file a response from May 4, 2022 to June 3, 2022, submitted to The Clerk.
- Apr 04 2022Response Requested. (Due May 4, 2022)
- Mar 29 2022DISTRIBUTED for Conference of 4/14/2022.
- Feb 14 2022Petition for a writ of certiorari filed. (Response due March 16, 2022)
- Jan 07 2022Application (21A207) granted by Justice Sotomayor extending the time to file until February 14, 2022.
- Jan 04 2022Application (21A207) to extend further the time from January 14, 2022 to February 14, 2022, submitted to Justice Sotomayor.
- Dec 07 2021Application (21A207) granted by Justice Sotomayor extending the time to file until January 14, 2022.
- Dec 03 2021Application (21A207) to extend the time to file a petition for a writ of certiorari from December 16, 2021 to January 14, 2022, submitted to Justice Sotomayor.