No. 23-402
 
Title: Oklahoma, et al., Petitioners
v.
United States, et al.
Docketed: October 17, 2023
Linked with: 23A34
Lower Ct: United States Court of Appeals for the Sixth Circuit
   Case Numbers: (22-5487)
   Decision Date: March 3, 2023
   Rehearing Denied: May 18, 2023
 
Proceedings and Orders
Jul 12 2023 Application (23A34) to extend the time to file a petition for a writ of certiorari from August 16, 2023 to October 15, 2023, submitted to Justice Kavanaugh.
Main Document Lower Court Orders/Opinions Proof of Service
Jul 18 2023 Application (23A34) granted by Justice Kavanaugh extending the time to file until October 15, 2023.
Oct 13 2023 Petition for a writ of certiorari filed. (Response due November 16, 2023)
Petition Appendix Certificate of Word Count Proof of Service
Oct 20 2023 Motion to extend the time to file a response from November 16, 2023 to December 18, 2023, submitted to The Clerk.
Main Document
Oct 24 2023 Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2023.
Nov 15 2023 Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Main Document Proof of Service Certificate of Word Count
Nov 16 2023 Brief amicus curiae of Scott Dilworth filed.
Main Document Proof of Service Certificate of Word Count
Nov 16 2023 Brief amicus curiae of North American Association of Racetrack Veterinarians filed.
Main Document Certificate of Word Count Proof of Service
Nov 16 2023 Brief amici curiae of Standardbred Owners Association of New York, et al. filed.
Main Document Proof of Service Certificate of Word Count
Nov 16 2023 Brief amici curiae of Arkansas, et al. filed.
Main Document Proof of Service Certificate of Word Count
Nov 21 2023 Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
Main Document
Nov 22 2023 Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2024, for all respondents.
Jan 03 2024 Motion to extend the time to file a response from January 17, 2024 to February 16, 2024, submitted to The Clerk.
Main Document
Jan 05 2024 Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2024, for all respondents.
Feb 02 2024 Motion to extend the time to file a response from February 16, 2024 to March 17, 2024, submitted to The Clerk.
Main Document
Feb 05 2024 Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024, for all respondents. See Rule 30.1.
Mar 04 2024 Motion to extend the time to file a response from March 18, 2024 to April 17, 2024, submitted to The Clerk.
Main Document
Mar 06 2024 Motion to extend the time to file a response is granted and the time is further extended to and including April 17, 2024, for all respondents.
Apr 01 2024 Motion to extend the time to file a response from April 17, 2024 to May 17, 2024, submitted to The Clerk.
Main Document
Apr 02 2024 Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024, for all respondents.
May 17 2024 Brief of Federal Respondents in opposition filed.
Main Document Proof of Service
May 17 2024 Brief of respondents Horseracing Integrity and Safety Authority, Inc. in opposition filed.
Main Document Proof of Service Certificate of Word Count
Jun 03 2024 Reply of petitioners Oklahoma, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Jun 04 2024 DISTRIBUTED for Conference of 6/20/2024.
Jun 24 2024 Petition DENIED.
Jul 18 2024 Petition for Rehearing filed.
Main Document Certificate of Word Count Proof of Service
Jul 25 2024 DISTRIBUTED.
Sep 11 2024 DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024 Respondents are requested to file a response to the petition for rehearing within 30 days (Response due November 6, 2024).
Nov 06 2024 Response to petition for rehearing from Federal Respondents filed.
Main Document Proof of Service
Nov 06 2024 Response to petition for rehearing from respondents Horseracing Integrity and Safety Authority, Inc., et al. filed.
Main Document Other Proof of Service
Nov 18 2024 Reply of petitioner Hanover Shoe Farms, Inc. and United States Trotting Association filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 20 2024 DISTRIBUTED for Conference of 12/6/2024.
Nov 25 2024 Rescheduled.
Dec 04 2024 DISTRIBUTED for Conference of 1/10/2025.
Jan 13 2025 DISTRIBUTED for Conference of 1/17/2025.
Jun 26 2025 DISTRIBUTED for Conference of 6/26/2025.
Jun 30 2025 The petition for rehearing is granted. The order entered June 24, 2024, denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of FCC v. Consumers’ Research, 606 U. S. ___ (2025).
Aug 01 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Matthew Dempsey McGill
Counsel of Record
Gibson, Dunn & Crutcher LLP
1700 M Street, N.W.
Washington, DC 20036

MMCGILL@GIBSONDUNN.COM
Ph: (202) 955-8500
Party name: Hanover Shoe Farms, Inc. and United States Trotting Association


Attorneys for Respondents
D. John Sauer
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: United States, et al.


Pratik Arvind Shah
Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4210
Party name: Horseracing Integrity and Safety Authority, Inc., et al.


Other Attorneys
Nicholas Jacob Bronni
Counsel of Record
Solicitor General of Arkansas
Arkansas Attorney General's Office
323 Center St., Suite 200
Little Rock, AR 72201

NICHOLAS.BRONNI@ARKANSASAG.GOV
Ph: 501-682-6302
Party name: State of Arkansas, et al.


Anthony Thomas Caso
Counsel of Record
Constitutional Counsel Group
1628 N Main St. #289
Salinas, CA 93906

ATCASO@CCG1776.COM
Ph: 916-601-1916
Party name: Claremont Institute's Center for Constitutional Jurisprudence


Peter John Sacopulos
Counsel of Record
Sacopulos Law Firm
676 Ohio Street
Terre Haute, IN 47807

pete_sacopulos@sacopulos.com
Ph: 8122382565
Party name: Scott Dilworth


Peter John Sacopulos
Counsel of Record
Sacopulos Law Firm
676 Ohio Street
Terre Haute, IN 47807

pete_sacopulos@sacopulos.com
Ph: 8122382565
Party name: North American Association of Racetrack Veterinarians


Peter Joseph Venaglia
Counsel of Record
Schaeffer Venaglia Handler & Fitzsimmons, LLP
1001 Avenue of the Americas, 3rd Floor
New York, NY 10018

venaglia@svhflaw.com
Ph: 212-508-9319
Party name: Standardbred Owners Association of New York, and United States Representatives Lance Gooden, Clay Higgins, and Alexander Mooney