No. 20-361
James Courtney, et al. v. David Danner, et al.
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
Latest Conference:
2021-01-08
(distributed 2 times)
Question Presented (from Petition)
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?
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?
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
David Danner, et al.
Noah Guzzo Purcell — Office of the Attorney General, Respondent
Peter Benjamin Gonick — Attorney General of Washington, Respondent
James Courtney, et al.
Michael Eugene Bindas — Institute for Justice, Petitioner
Law Professors Richard Aynes, James Ely, Richard Epstein, Christopher Green, Michael Lawrence, and Rebecca Zietlow
Katlyn Marialexandra Miller — Ropes & Gray LLP, Amicus
Professors Michael A. Schoeppner, Melvin Patrick Ely, and W. Jeffrey Bolster
Anthony John Dick — Jones Day, Amicus