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
 
Proceedings and Orders
Jun 14 2023 Petition for a writ of certiorari filed. (Response due July 17, 2023)
Petition Appendix Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Jul 17 2023 Motion for leave to file amici brief filed by Advancing American Freedom, Inc., et al.
Main Document Proof of Service Certificate 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.
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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 Document Proof of Service
Oct 02 2023 Reply of petitioners Relentless, Inc., et al. filed. (Distributed)
Main Document Proof of Service Certificate 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 Document Proof 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 Document Certificate of Word Count Proof 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 Document Certificate of Word Count Proof of Service
Nov 27 2023 Brief amici curiae of Former State Supreme Court Justices Andrew W. Gould, et al. filed.
Main Document Proof of Service Certificate of Word Count
Nov 27 2023 Brief amicus curiae of New England Fishermen's Stewardship Association filed.
Main Document Certificate of Word Count Proof of Service
Nov 27 2023 Brief amici curiae of Advancing American Freedom, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 27 2023 Brief amicus curiae of Ohio Chamber of Commerce filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 27 2023 Brief amicus curiae of The Buckeye Institute filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 27 2023 Brief amici curiae of Southeastern Legal Foundation, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof 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 Document Proof of Service
Dec 21 2023 Brief amici curiae of Emory Intellectual Property Society and Law, et al. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 22 2023 Brief amici curiae of Dr. Reshma Ramachandran, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 22 2023 Brief amici curiae of Historians Gautham Rao, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 22 2023 Brief amicus curiae of Environmental Defense Fund filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Jan 05 2024 Reply of petitioners Relentless, Inc., et al. filed. (Distributed)
Main Document Certificate of Word Count Proof 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.
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Attorneys
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
Ph: 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
Ph: 202-637-3377
Party name: Relentless, Inc., et al.


Attorneys for Respondents
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: U.S. Department of Commerce, et al.


Other Attorneys
Aditya Bamzai
Counsel of Record
580 Massie Road
Charlottesville, VA 22903

abamzai@law.virginia.edu
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: (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
Ph: 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
Ph: 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
Ph: (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
Ph: 6462928328
Party name: Historians Gautham Rao, Richard R. John, and Jane Manners