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Decided

Engquist v. Oregon Dept. of Agriculture

Docket No.07-474
Op. Below9th Circuit
ArgumentApr 21, 2008

Holding

The class-of-one theory of equal protection does not apply in the public employment context.

Judgment

Affirmed, 6-3, in an opinion by John Roberts on Jun 9, 2008. Justice Stevens filed a dissenting opinion, in which Justices Souter and Ginsburg joined.

Merits briefs (via ABA)

Amicus briefs

Proceedings & orders timeline

Oct 5, 2007
Petition for a writ of certiorari filed. (Response due November 13, 2007)
Oct 5, 2007
Appendix of Anup Engquist filed (2 Volumes).
Nov 6, 2007
Order extending time to file response to petition to and including December 6, 2007.
Dec 6, 2007
Brief of respondents Oregon Department of Agriculture, et al. in opposition filed.
Dec 17, 2007
Reply of petitioner Anup Engquist filed. (Distributed)
Dec 19, 2007
DISTRIBUTED for Conference of January 11, 2008.
Jan 11, 2008
Petition GRANTED limited to Question 1 presented by the petition. The brief of petitioner is to be filed on or before Wednesday, February 20, 2008. The brief of respondents is to be filed on or before Wednesday, March 19, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Jan 30, 2008
SET FOR ARGUMENT ON Monday, April 21, 2008.
Feb 6, 2008
Record received from the U.S.D.C. for the District of Oregon. (2 boxes)
Feb 6, 2008
Record received from U.S.C.A. for the Ninth Circuit. (1 envelope)
Feb 6, 2008
Consent to the filing of amicus briefs in support of either party, or neither party, received from counsel for the respondents.
Feb 20, 2008
Joint appendix filed. (Statement of costs received)
Feb 20, 2008
Brief of petitioner Anup Engquist filed.
Feb 20, 2008
Consent to the filing of amicus curiae briefs in support of either party, or neither party, received from counsel for petitioner.
Feb 22, 2008
Brief amicus curiae of National Fraternal Order of Police filed.
Feb 27, 2008
Brief amici curiae of National Association of Police Organizations, Inc., et al. filed.
Feb 27, 2008
Brief amici curiae of Lambda Legal Defense and Education Fund, et al. filed.
Feb 27, 2008
Brief amici curiae of Professor Richard Epstein, and Rutherford Institute filed.
Feb 27, 2008
Brief amici curiae of National Education Association, et al. filed.
Feb 27, 2008
Brief amicus curiae of National Employment Lawyers Association filed.
Feb 27, 2008
Brief amicus curiae of Meir J. Westreich filed.
Mar 5, 2008
CIRCULATED.
Mar 19, 2008
Brief of respondents Oregon Department of Agriculture, et al. filed. (Distributed).
Mar 25, 2008
Brief amicus curiae of National School Boards Association filed. (Distributed)
Mar 26, 2008
Brief amicus curiae of United States filed. (Distributed)
Mar 26, 2008
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 26, 2008
Brief amici curiae of National Conference of State Legislatures, et al. filed. (Distributed)
Mar 26, 2008
Brief amici curiae of League of California Cities, et al. filed. (Distributed)
Mar 26, 2008
Brief amici curiae of Pennsylvania, et al. filed.
Apr 9, 2008
Reply of petitioner Anup Engquist filed. (Distributed)
Apr 11, 2008
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 21, 2008
Argued. For petitioner: Neal Katyal, Washington, D.C. For respondents: Janet A. Metcalf, Assistant Attoreny General, Salem, Ore.; and Lisa S. Blatt, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Jun 9, 2008
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined.
Jul 11, 2008
JUDGMENT ISSUED.
Aug 15, 2008
Record returned to the U.S.D.C. Court fo the District of Oregon.

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