No. 20-361

James Courtney, et al. v. David Danner, et al.

Lower Court: Ninth Circuit
Docketed: 2020-09-17
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 14th-amendment civil-rights commerce-clause fourteenth-amendment interstate-commerce navigable-waters privileges-immunities privileges-or-immunities-clause slaughter-house-cases state-government state-power
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Is the 'right to use the navigable waters of the United States' limited solely to uses involving interstate or foreign commerce?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is the “right to use the navigable waters of the United States,” which was recognized by this Court in the Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 79 (1873), limited solely to uses involving interstate or foreign commerce? 2. Does the Privileges or Immunities Clause of the Fourteenth Amendment generally bar claims against the power of State governments over the rights of their own citizens, even when the claim involves abridgement of a recognized right of United States citizenship?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-18
Reply of petitioners James Courtney, et al. filed. (Distributed)
2020-12-04
Brief of respondents Washington Utilities and Transportation Commission in opposition filed.
2020-11-02
Brief amicus curiae of Americans for Prosperity Foundation filed.
2020-11-02
Brief amici curiae of Law Professors Richard Aynes, James Ely, Richard Epstein, Christopher Green, Michael Lawrence, and Rebecca Zietlow filed.
2020-11-02
Brief amici curiae of Professors Michael A. Schoeppner, Melvin Patrick Ely, and W. Jeffrey Bolster filed.
2020-10-13
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
2020-10-12
Motion to extend the time to file a response from November 2, 2020 to December 4, 2020, submitted to The Clerk.
2020-10-02
Response Requested. (Due November 2, 2020)
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-09-23
Waiver of right of respondent David Danner, et al. to respond filed.
2020-09-14
Petition for a writ of certiorari filed. (Response due October 19, 2020)

Attorneys

Americans for Prosperity Foundation
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
Cynthia Fleming CrawfordAmericans for Prosperity Foundation, Amicus
David Danner, et al.
Noah Guzzo PurcellOffice of the Attorney General, Respondent
Noah Guzzo PurcellOffice of the Attorney General, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent
James Courtney, et al.
Michael Eugene BindasInstitute for Justice, Petitioner
Michael Eugene BindasInstitute for Justice, Petitioner
Law Professors Richard Aynes, James Ely, Richard Epstein, Christopher Green, Michael Lawrence, and Rebecca Zietlow
Katlyn Marialexandra MillerRopes & Gray LLP, Amicus
Katlyn Marialexandra MillerRopes & Gray LLP, Amicus
Professors Michael A. Schoeppner, Melvin Patrick Ely, and W. Jeffrey Bolster
Anthony John DickJones Day, Amicus
Anthony John DickJones Day, Amicus