Question Presented (AI Summary)
Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court's order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443
Question Presented (OCR Extract)
QUESTION PRESENTED Section 1447(d) of Title 28 of the United States Code generally precludes appellate review of an order remanding a removed case to state court. But Section 1447(d) expressly provides that an “order remanding acase * * * removed pursuant to” the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443, “shall be reviewable by appeal or otherwise.” Some courts of appeals have interpreted Section 1447(d) to permit appellate review of any issue encompassed in a district court’s remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes; other courts of appeals, including the Fourth Circuit in this case, have held that appellate review is limited to the federal-officer or civilrights ground for removal. The question presented is as follows: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civilrights removal statute, 28 U.S.C. 1443. (1)
Docket Entries
2021-06-18
JUDGMENT ISSUED.
2021-05-17
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/20pdf/19-1189_p86b.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion. Alito, J., took no part in the consideration or decision of the case.
2021-01-19
Argued. For petitioners: Kannon K. Shanmugam, Washington, D. C.; and Brinton Lucas, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Victor M. Sher, San Francisco, Cal.
2021-01-08
Reply of petitioners BP p.l.c., et al. filed. (Distributed)
2021-01-08
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Alito took no part in the consideration or decision of this motion.
2020-12-30
The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer.
2020-12-23
Brief amici curiae of Boulder County, San Miguel County, and the City of Boulder, Colorado filed. (Corrected Copy) (Distributed)
2020-12-23
Brief amici curiae of States of New York, et al. filed. (Distributed)
2020-12-23
Brief amici curiae of Erwin Chemerinsky, et al. filed. (Distributed)
2020-12-23
Brief amici curiae of Senators Whitehouse, et al. filed. (Distributed)
2020-12-23
Brief amici curiae of Chesapeake Bay Foundation and Natural Resources Defense Council filed. (Distributed)
2020-12-22
Brief amici curiae of State and Local Government Groups filed. (Distributed)
2020-12-16
Brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
2020-12-11
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2020-12-03
Record requested from the U.S.C.A. 4th Circuit.
2020-11-25
SET FOR ARGUMENT on Wednesday, January 19, 2021.
2020-11-23
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2020-11-23
Brief amicus curiae of Energy Policy Advocates filed.
2020-11-23
Brief amici curiae of The National Association of Manufacturers, et al. filed.
2020-11-23
Brief amicus curiae of American Petroleum Institute filed.
2020-11-23
Brief amici curiae of Richard B. Myers and Michael G. Mullen filed.
2020-11-23
Brief amici curiae of States of Indiana, et al. filed.
2020-11-23
Brief amicus curiae of Washington Legal Foundation filed.
2020-11-23
Brief amicus curiae of United States filed.
2020-11-20
Brief amicus curiae of DRI - Voice of the Defense Bar filed.
2020-11-18
Brief amicus curiae of Atlantic Legal Foundation filed.
2020-11-16
Brief of petitioners BP p.l.c., et al. filed.
2020-11-16
Joint appendix filed. (Statement of cost filed)
2020-10-22
Blanket Consent filed by Respondent, Mayor and City Council of Baltimore
2020-10-07
Blanket Consent filed by Petitioner, BP p.l.c., et al.
2020-10-02
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
2020-07-23
Supplemental brief of respondent Mayor and City Council of Baltimore filed. (Distributed)
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-15
Reply of petitioners BP p.l.c., et al. filed. (Distributed)
2020-06-29
Brief of respondent Mayor and City Council of Baltimore in opposition filed.
2020-05-13
Letter of May 13, 2020 from the Solicitor General of Louisiana respecting the brief amici curiae of States of Indiana, et al. received.
2020-04-30
Brief amicus curiae of Energy Policy Advocates filed.
2020-04-30
Brief amici curiae of The National Association of Manufacturers filed.
2020-04-30
Brief amici curiae of States of Indiana, et al. filed.
2020-04-30
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2020-04-24
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020.
2020-04-23
Reply in support of motion from respondent filed.
2020-04-21
Response to motion from petitioner BP p.l.c., et al. filed.
2020-04-17
Motion to extend the time to file a response from April 30, 2020 to June 29, 2020, submitted to The Clerk.
2020-04-13
Blanket Consent filed by Petitioner, BP p.l.c., et al.
2020-03-31
Petition for a writ of certiorari filed. (Response due April 30, 2020)
Attorneys
American Petroleum Institute
Atlantic Legal Foundation
Boulder County, San Miguel County, and the City of Boulder, Colorado
Chamber of Commerce of the United States of America
DRI - Voice of the Defense Bar
Erwin Chemerinsky, Andrew D. Bradt, Helen Hershkoff, Lonny Hoffman, E. Farish Percy, Michael E. Solimine, Adam N. Steinman, Joan Steinman, Stephen I. Vladeck, Rhonda Wasserman and Anne Bloom
Mayor and City Council of Baltimore
Natural Resources Defense Council
Richard B. Myers and Michael G. Mullen
Senators Whitehouse, Cardin, Blumenthal, Warren, Markey, and Van Hollen
State and Local Government Groups
States of Indiana, Alaska, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Ohio, South Carolina, Texas, and Utah
States of New York, Rhode Island et al.
The National Association of Manufacturers, et al.
Washington Legal Foundation