Supreme Court of the United States · Official docket →
Spectrum Northeast, LLC, et al. v. Aaron M. Frey, Attorney General of Maine
Paid petition · United States Court of Appeals for the First Circuit, No. 20-2142 · judgment January 4, 2022
Before the decision, about 3.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a First Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.
Questions presented
The Cable Communications Policy Act of 1984 generally prohibits states from “regulat[ing] the rates for the provision of cable service” by cable companies, and it deems any state or local laws inconsistent with this prohibition to be “preempted and superseded.” 47 U.S.C. §§ 543(a)(1)-(2), 556(c). Notwithstanding that ban on rate regulation, states and municipalities have increasingly enacted laws that directly govern the rates cable companies may charge subscribers for the final month of service when the subscriber cancels service in the middle of that month. Here, Maine enacted a statute forbidding cable companies from charging a fixed rate for the final month, and instead requiring such companies to charge a prorated rate. Me. Stat. tit. 30-A, § 3010(1-A) (2021). The questions presented are as follows:
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Whether the Cable Act preempts state and local laws that prevent cable companies from selling their services at their chosen rate for the final month of service.
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Whether courts should interpret express preemption clauses according to their plain language, or should instead apply a non-textual presumption against preemption.
Counsel of record
For petitioner
Roman Martinez V
Latham & Watkins, LLP
For respondent
Paul Edwin Suitter
Office of the Maine Attorney General
Proceedings
- Jan 09 2023Petition DENIED.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 21 2022Reply of petitioners Spectrum Northeast, LLC, et al. filed. (Distributed)
- Dec 02 2022Brief of respondent Aaron M. Frey, Attorney General of Maine in opposition filed.
- Nov 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including December 2, 2022.
- Nov 03 2022Motion to extend the time to file a response from November 18, 2022 to December 2, 2022, submitted to The Clerk.
- Oct 04 2022Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2022.
- Oct 03 2022Motion to extend the time to file a response from October 19, 2022 to November 18, 2022, submitted to The Clerk.
- Sep 19 2022Response Requested. (Due October 19, 2022)
- Jul 20 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 05 2022Waiver of right of respondent Aaron M. Frey, Attorney General of Maine to respond filed.
- Jun 06 2022Petition for a writ of certiorari filed. (Response due July 8, 2022)
- Apr 19 2022Application (21A619) granted by Justice Breyer extending the time to file until June 6, 2022.
- Apr 14 2022Application (21A619) to extend the time to file a petition for a writ of certiorari from May 5, 2022 to June 6, 2022, submitted to Justice Breyer.