Supreme Court of the United States · Official docket →
Enbridge Energy, LP, et al. v. Dana Nessel, Attorney General of Michigan, on Behalf of the People of the State of Michigan
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-1671 · judgment June 17, 2024
Decided · April 22, 2026
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 district courts have the authority to excuse the thirty-day procedural time limit for removal in 28 U.S.C. § 1446(b)(1).
Counsel of record
For petitioner
Alice Loughran
Steptoe & Johnson LLP
For respondent
Ann Maurine Sherman
Michigan Department of Attorney General
Case
Conference history
Distributed for 6 conferences
Amicus briefs
2 cert-stage · 10 merits
(5 supporting pet./neither, 5 respondent)
Linked docket
24A410
Argument & decision
Argued February 24, 2026 — John J. Bursch · Ann M. Sherman. Audio and transcript
Decided April 22, 2026. Opinion by Sotomayor.
Proceedings
- May 26 2026Judgment Issued.
- Apr 22 2026Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
- Feb 24 2026Argued. For petitioners: John J. Bursch, Caledonia, Mich. For respondent: Ann M. Sherman, Solicitor General, Lansing, Mich.
- Jan 21 2026CIRCULATED
- Jan 09 2026Record received from the United States Court of Appeals for the Sixth Circuit. The record is electronic and is available on PACER.
- Jan 06 2026Record requested from the United States Court of Appeals for the Sixth Circuit.
- Jan 02 2026SET FOR ARGUMENT on Tuesday, February 24, 2026.
- Nov 13 2025Reply of petitioners Enbridge Energy, Limited Partnership, et al. filed.
- Oct 21 2025Brief amici curiae of Tribal Nations filed.
- Oct 21 2025Brief amici curiae of Minnesota, et al. filed.
- Oct 21 2025Brief amici curiae of Federal Courts and Civil Procedure Scholars filed.
- Oct 20 2025Brief amicus curiae of Center for Litigation and Courts filed.
- Oct 17 2025Brief amicus curiae of Great Lakes Business Network filed.
- Oct 14 2025Brief of respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan filed.
- Sep 05 2025Brief amici curiae of North America's Building Trades Unions, et al. filed.
- Sep 05 2025Brief amicus curiae of Professor Arthur R. Miller filed.
- Sep 05 2025Brief amicus curiae of Washington Legal Foundation filed.
- Sep 05 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Sep 05 2025Brief amici curiae of West Virginia, et al. filed.
- Aug 29 2025Brief of petitioners Enbridge Energy, Limited Partnership, et al. filed.
- Aug 29 2025Joint appendix filed.
- Jul 17 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2025. The time to file respondent's brief on the merits is extended to and including October 14, 2025.
- Jul 15 2025Motion for an extension of time to file the briefs on the merits filed.
- Jun 30 2025Petition GRANTED.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 16 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 12 2025Rescheduled.
- Jun 09 2025DISTRIBUTED for Conference of 6/12/2025.
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- Jun 02 2025Rescheduled.
- May 29 2025Rescheduled.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 12 2025Reply of petitioners Enbridge Energy, LP, et al. filed. (Distributed)
- Apr 29 2025Brief of respondent Dana Nessel, Michigan Attorney General in opposition filed.
- Mar 24 2025Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2025.
- Mar 21 2025Motion to extend the time to file a response from March 31, 2025 to April 29, 2025, submitted to The Clerk.
- Feb 27 2025Response Requested. (Due March 31, 2025)
- Feb 20 2025Brief amicus curiae of Professor Arthur R. Miller filed. (Distributed)
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 19 2025Brief amici curiae of North America's Building Trades Unions, et al. filed. (Distributed)
- Feb 11 2025Waiver of right of respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan to respond filed.
- Jan 13 2025Petition for a writ of certiorari filed. (Response due February 24, 2025)
- Oct 28 2024Response to application from respondent Dana Nessel, Attorney General of the State of Michigan, on behalf of the People of the State of Michigan filed.
- Oct 28 2024Application (24A410) granted by Justice Kavanaugh extending the time to file until January 13, 2025.
- Oct 23 2024Application (24A410) to extend the time to file a petition for a writ of certiorari from November 14, 2024 to January 13, 2025, submitted to Justice Kavanaugh.