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Monday, November 5, 2018

Supreme Court Orders Supplemental Oral Argument and Briefing in Knick v. Township of Scott Case


We have reported previously on the 5th Amendment takings case Knick v. Township of Scott that is pending before the U.S. Supreme Court. The Supreme Court held oral arguments in this case on October 3rd. Just last week, the Supreme Court scheduled a second oral argument in this case (note that the previous argument took place prior to Justice Kavanaugh joining the Court). Some commentators speculate that the Justices were deadlocked, although the order itself requests that the parties submit briefing on one narrow issue, as follows:
This case is restored to the calendar for reargument. The parties and the Solicitor General are directed to file letter briefs, not to exceed 10 pages, addressing petitioner's alternative argument for vacatur, discussed at pages 12-15 and 40-42 of the transcript of oral argument and in footnote 14 of petitioner's brief on the merits. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 4 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018.
The first round of supplemental briefs are due later this month, and argument will take place sometime in 2019.  


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