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Sandwich Isles Communications, Inc. v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1446 · judgment April 1, 2021

Certiorari denied · April 25, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the lower court’s holding that a regulatory taking claim based on confiscatory rates must be made at the Federal Communications Commission “within the comprehensive statutory scheme established by the Communications Act” denies Petitioner’s right to due process of law because the precedents, including the precedents of this Court, hold that a regulatory taking claim of this nature would be premature at any time it could be made under the Federal Communications Commission’s procedures.

Counsel of record

For petitioner
Lex Richard Smith
Kobayashi, Sugita & Goda

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  3. Mar 25 2022
    Reply of petitioner Sandwich Isles Communications, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Mar 18 2022
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  5. Feb 11 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2022.
  6. Feb 10 2022
    Motion to extend the time to file a response from February 17, 2022 to March 18, 2022, submitted to The Clerk.
    Main Document
  7. Jan 06 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including February 17, 2022.
  8. Jan 05 2022
    Motion to extend the time to file a response from January 18, 2022 to February 17, 2022, submitted to The Clerk.
    Main Document
  9. Nov 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2022. See Rule 30.1.
  10. Nov 26 2021
    Motion to extend the time to file a response from December 16, 2021 to January 17, 2022, submitted to The Clerk.
    Main Document
  11. Nov 12 2021
    Petition for a writ of certiorari filed. (Response due December 16, 2021)
    PetitionAppendixCertificate of Word CountProof of Service