Supreme Court of the United States · Official docket →
Indiana Municipal Power Agency, et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1377 · judgment February 17, 2023
Before the decision, about 3.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a circuit split argued in the petition.
Questions presented
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Whether a payment obligation imposed by Congress on the federal government under a moneymandating statute and specifically exempted from later reduction can be reduced, without congressional repeal, by agencies based on administrative interpretations of later-enacted statutes that make no reference to the payment obligation contained in the earlier statute.
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Whether a statutory provision creates a contractual obligation when its language and the parties’ course of dealing reflect an intent to contract by the government.
Counsel of record
For petitioner
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Nov 20 2023Petition DENIED.
- Nov 01 2023DISTRIBUTED for Conference of 11/17/2023.
- Nov 01 2023Reply of petitioners Indiana Municipal Power Agency, et al. filed. (Distributed)
- Oct 16 2023Brief of respondent United States in opposition filed.
- Sep 06 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2023.
- Sep 05 2023Motion to extend the time to file a response from September 15, 2023 to October 16, 2023, submitted to The Clerk.
- Aug 16 2023Brief amici curiae of International Municipal Lawyers Association, et al. filed.
- Aug 16 2023Brief amici curiae of American Public Power Association and Large Public Power Council filed.
- Jul 24 2023Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2023.
- Jul 21 2023Motion to extend the time to file a response from August 16, 2023 to September 15, 2023, submitted to The Clerk.
- Jul 13 2023Petition for a writ of certiorari filed. (Response due August 16, 2023)
- May 10 2023Application (22A979) granted by The Chief Justice extending the time to file until July 13, 2023.
- May 05 2023Application (22A979) to extend the time to file a petition for a writ of certiorari from May 18, 2023 to July 13, 2023, submitted to The Chief Justice.