| No. 22-1219 | |
| Title: | Relentless, Inc., et al., Petitioners v. Department of Commerce, et al. |
| Docketed: | June 16, 2023 |
| Lower Ct: | United States Court of Appeals for the First Circuit |
| Case Numbers: | (21-1886) |
| Decision Date: | March 16, 2023 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 14 2023 | Petition for a writ of certiorari filed. (Response due July 17, 2023) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Jun 29 2023 | Motion to extend the time to file a response from July 17, 2023 to August 16, 2023, submitted to The Clerk. |
| Main Document | |
| Jul 03 2023 | Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2023. |
| Jul 17 2023 | Brief amici curiae of Southeastern Legal Foundation and the Defense of Freedom Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 17 2023 | Motion for leave to file amici brief filed by Advancing American Freedom, Inc., et al. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 09 2023 | Motion to extend the time to file a response from August 16, 2023 to September 15, 2023, submitted to The Clerk. |
| Main Document | |
| Aug 11 2023 | Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2023. |
| Sep 15 2023 | Brief of respondents U.S. Department of Commerce, et al. filed. |
| Main DocumentProof of Service | |
| Oct 02 2023 | Reply of petitioners Relentless, Inc., et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 04 2023 | DISTRIBUTED for Conference of 10/27/2023. |
| Oct 10 2023 | Rescheduled. |
| Oct 10 2023 | DISTRIBUTED for Conference of 10/13/2023. |
| Oct 13 2023 | Motion for leave to file amici brief filed by Advancing American Freedom, Inc., et al. DENIED. |
| Oct 13 2023 | Petition GRANTED limited to Question 1 presented by the petition. The Clerk is directed to establish a briefing schedule that will allow this case to be argued in tandem with No. 22-451, Loper Bright Enterprises, et al. v. Raimondo, Sec. of Comm., et al. in the January 2024 argument session. |
| Oct 18 2023 | The joint appendix and petitioners’ brief on the merits is to be filed on or before Monday, November 20, 2023. Respondents’ brief on the merits is to be filed on or before Friday, December 15, 2023. The reply brief is to be filed on or before Friday, January 5, 2024. |
| Oct 27 2023 | Amicus curiae briefs filed on the merits in No. 22-451, Loper Bright Enterprises, et al. v. Raimondo, Sec. of Comm., et al., will be considered in connection with this case. |
| Nov 08 2023 | Motion to dispense with printing the joint appendix filed by petitioners Relentless, Inc., et al. |
| Main DocumentProof of Service | |
| Nov 17 2023 | SET FOR ARGUMENT on Wednesday, January 17, 2024. |
| Nov 20 2023 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Nov 20 2023 | Record requested from the United States Court of Appeals for the First Circuit. |
| Nov 20 2023 | Brief of petitioners Relentless, Inc., et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 22 2023 | Record received from the United States Court of Appeals for the First Circuit. The record is electronic and is available on PACER. |
| Nov 27 2023 | Brief amicus curiae of Aditya Bamzai in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2023 | Brief amici curiae of Former State Supreme Court Justices Andrew W. Gould, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 27 2023 | Brief amicus curiae of New England Fishermen's Stewardship Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2023 | Brief amici curiae of Advancing American Freedom, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2023 | Brief amicus curiae of Ohio Chamber of Commerce filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2023 | Brief amicus curiae of The Buckeye Institute filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2023 | Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 30 2023 | CIRCULATED |
| Dec 01 2023 | Record received from the United States District Court for the District of Rhode Island. The record is electronic and is available with the Clerk. |
| Dec 15 2023 | Brief of respondents U.S. Department of Commerce, et al. filed. (Distributed) |
| Main DocumentProof of Service | |
| Dec 21 2023 | Brief amici curiae of Emory Intellectual Property Society and Law, et al. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amici curiae of Dr. Reshma Ramachandran, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amici curiae of Historians Gautham Rao, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amicus curiae of Environmental Defense Fund filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 05 2024 | Reply of petitioners Relentless, Inc., et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 17 2024 | Argued. For petitioners: Roman Martinez, Washington, D. C. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. |
| Jun 28 2024 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Gorsuch, J., filed concurring opinions. Kagan, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Jackson, J., joined as it applies to No. 22–1219. Jackson, J., took no part in the consideration or decision of the case in No. 22–451. VIDED. |
| Jul 30 2024 | Judgment Issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| John Julian Vecchione Counsel of Record | The New Civil Liberties Alliance 1225 19th St. NW Suite 450 Washington, DC 20036-2411 john.vecchione@ncla.onmicrosoft.com | 2029186902 |
| Party name: Relentless, Inc., et al. | ||
| Roman Martinez V | Latham & Watkins, LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 ROMAN.MARTINEZ@LW.COM | 202-637-3377 |
| Party name: Relentless, Inc., et al. | ||
| Attorneys for Respondents | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: U.S. Department of Commerce, et al. | ||
| Other | ||
| Aditya Bamzai Counsel of Record | 580 Massie Road Charlottesville, VA 22903 abamzai@law.virginia.edu | 434-243-0698 |
| Party name: Aditya Bamzai | ||
| Sean Hoe Donahue Counsel of Record | Donahue & Goldberg, LLP 1008 Pennsylvania Ave., SE Washington, DC 20003 sean@donahuegoldberg.com | 2022777085 |
| Party name: Environmental Defense Fund | ||
| Drew Curtis Ensign Counsel of Record | Holtzman Vogel 2575 E. Camelback Road Suite 860 Phoenix, AZ 85016 densign@holtzmanvogel.com | 602-388-1262 |
| Party name: Former Arizona Supreme Court Justice Andrew W. Gould et al. | ||
| Paul Robert Koster Counsel of Record | Emory Law School Supreme Court Advocacy Program 1301 Clifton Rd NE Atlanta, GA 30322 PAUL.KOSTER@EMORY.EDU | 4047273957 |
| Party name: Emory Intellectual Property Society and Law and Artificial Intelligence Society | ||
| Thomas Ryan McCarthy Counsel of Record | Consovoy McCarthy PLLC 1600 Wilson Boulevard Suite 700 Arlington, VA 22209 TOM@CONSOVOYMCCARTHY.COM | 7032439423 |
| Party name: Southeastern Legal Foundation and the Defense of Freedom Institute | ||
| Victoria Stewart Nugent Counsel of Record | Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 vnugent@democracyforward.org | 2024489090 |
| Party name: Dr. Reshma Ramachandran and Dr. Joseph S. Ross | ||
| Larry James Obhof Jr. Counsel of Record | Shumaker, Loop and Kendrick LLP 41 South High Street Suite 2400 Columbus, OH 43215 LOBHOF@SHUMAKER.COM | (614) 463-9441 |
| Party name: Ohio Chamber of Commerce | ||
| Jason Brett Torchinsky Counsel of Record | Holtzman Vogel Baran Torchinsky & Josefiak PLLC 2300 N Street NW Suite 643-A Washington, DC 20037 JTORCHINSKY@HOLTZMANVOGEL.COM | 202 737 8808 |
| Party name: New England Fishermen's Stewardship Association | ||
| David Christian Tryon Counsel of Record | The Buckeye Institute 88 East Broad Street Suite 1300 Columbus, OH 43215 d.tryon@buckeyeinstitute.org | 6142244422 |
| Party name: The Buckeye Institute | ||
| John Marc Wheat Counsel of Record | Advancing American Freedom, Inc. et amici 801 Pennsylvania Ave., NW Suite 930 Washington, DC 20004-2729 MWHEAT@ADVANCINGAMERICANFREEDOM.COM | (202) 780-4848 |
| Party name: Advancing American Freedom, Inc. | ||
| Thomas Patrick Wolf Counsel of Record | Brennan Center for Justice at NYU School of Law 120 Broadway Suite 1750 New York, NY 10271 wolft@brennan.law.nyu.edu | 6462928328 |
| Party name: Historians Gautham Rao, Richard R. John, and Jane Manners | ||