| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Feb 26 2004 |
Petition for a writ of certiorari filed. (Response due April 1, 2004) |
| Mar 18 2004 |
Order extending time to file response to petition to and including May 3, 2004. |
| May 3 2004 |
Brief of respondents Michigan Public Service Commission, et al. in opposition filed. |
| May 14 2004 |
Reply of petitioners Mid-Con Freight Systems, Inc., et al. filed. |
| May 18 2004 |
DISTRIBUTED for Conference of June 3, 2004. |
| Jun 7 2004 |
The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Dec 17 2004 |
Brief amicus curiae of United States filed. VIDED. |
| Dec 29 2004 |
DISTRIBUTED for Conference of January 14, 2005. |
| Jan 5 2005 |
Supplemental brief of respondents Michigan Public Service Commission, et al. filed. VIDED. (Distributed) |
| Jan 5 2005 |
Supplemental brief of petitioners Mid-Con Freight Systems, Inc., et al. filed. (Distributed) |
| Jan 14 2005 |
Petition GRANTED limited to the following question: Whether the $100 fee upon vehicles operating solely in interstate commerce is preempted by 49 U.S.C. 14504. |
| Jan 21 2005 |
The orders granting the petitions for writs of certiorari are amended to read as follows: The petitions for writs of certiorari are granted limited to the following questions: 1) �Whether the $100 fee upon vehicles conducting intrastate operations violates the Commerce Clause of the United States Constitution.�
2) �Whether the $100 fee upon vehicles operating solely in interstate commerce is preempted by 49 U.S.C. �14504.� The cases are consolidated and a total of one hour is allotted for oral argument. (See 03-1230)
|
| Feb 1 2005 |
Motion to deconsolidate the cases or, in the alternative, enlargement of time for oral argument and for divided argument filed by petitioners. VIDED. |
| Feb 7 2005 |
Response to petitioners' motion to deconsolidate the cases. VIDED. |
| Feb 21 2005 |
Joint appendix filed. VIDED. |
| Feb 22 2005 |
SET FOR ARGUMENT ON Tuesday, April 26, 2005. |
| Feb 25 2005 |
Brief of petitioners Mid-Con Freight Systems, Inc., et al. filed. VIDED. |
| Feb 28 2005 |
Brief amicus curiae of United States in support of petitioners filed. |
| Mar 9 2005 |
Letter filed by petitioners' to supplement their motion for divided argument (VIDED). |
| Mar 15 2005 |
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Mar 16 2005 |
Joint response by petitioners to the motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument. VIDED |
| Mar 16 2005 |
Record received from Court of Appeals of Michigan. (1 box) |
| Mar 25 2005 |
CIRCULATED. |
| Apr 4 2005 |
The motion to deconsolidate the cases or in the alternative to enlarge the time is Denied. The motion for divided argument is Granted to be divided as follows: 15 minutes for petitioners in 03-1230; 10 minutes for petitioners in 03-1234; 25 minutes for respondents; and 10 minutes for United States. VIDED. |
| Apr 4 2005 |
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED. |
| Apr 4 2005 |
Brief of respondents Michigan Public Service Commission, et al. filed. VIDED. (Distributed) |
| Apr 18 2005 |
Record received from Circuit Court of Michigan. ( 2 boxes) |
| Apr 19 2005 |
Reply of petitioners Mid-Con Freight Systems, Inc., et al. filed. VIDED. (Distributed) |
| Apr 20 2005 |
Record received from Supreme Court of Michigan. (1 envelope) |
| Apr 26 2005 |
Argued. For petitioners in 03-1230: Robert Digges, J., Alexandria, VA. For petitioners in 03-1234: James H. Hanson, Indianapolis, Ind. For respondents: Henry J. Boynton, Assistant Solicitor General, Lansing, Mich.; and Malcolm L. Stewart, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) |
| Jun 20 2005 |
Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Stevens, Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Kenendy, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor, J., joined. |
| Jul 22 2005 |
MANDATE ISSUED. |
| Jul 26 2005 |
Record returned to Court of Appeals of Michigan. |
| Jul 26 2005 |
Record returned to Circuit Court of Michigan. |
| Jul 26 2005 |
Record returned to Supreme Court of Michigan. |
| Aug 8 2005 |
Acknowledgement of receipt (07/26/05) of judgment from Clerk, Court of Appeals of Michigan received. |