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Case Profile

Docket Number 15-1248
Term 2016
Full Name McLane Company, Inc. v. Equal Employment Opportunity Commission
Short Name McLane Company, Inc. v. Equal Employment Opportunity Commission
Petitioner McLane Company, Inc.
Respondent Equal Employment Opportunity Commission
Date Argued (Reargued) Feb. 21, 2017
Date Decided

Question Presented

1. Whether a district court's decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court's precedents concerning the choice of standards of review. 2. Whether the Ninth Circuit's decision to enforce an EEOC subpoena, depending upon a notion of relevance so broad that it effectively abrogates statutory limits on the EEOC's investigative powers, conflicts with EEOC v. Shell Oil, 466 U.S. 54 (1984) and the holdings of at least three other circuits. LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. ORDER OF NOVEMBER 8, 2016: STEPHEN B. KINNAIRD, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE POSITION THAT A DISTRICT COURT’S DECISION TO QUASH OR ENFORCE AN EEOC SUBPOENA IS SUBJECT TO DE NOVO REVIEW. BRIEFS OF OTHER AMICI CURIAE IN SUPPORT OF THE JUDGMENT BELOW ARE TO BE FILED WITHIN 7 DAYS OF THE FILING OF THE BRIEF OF COURT-APPOINTED AMICUS CURIAE.

Live Case Prediction

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FantasySCOTUS Crowd Prediction {Marshall}+ Algorithmic Prediction Final SCOTUS Decision
8 Reverse
0 Affirm
8 Reverse
0 Affirm
0 Reverse
0 Affirm

Live Justice Predictions

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Justice Fantasy SCOTUS
Crowd Prediction
{Marshall}+ Algorithmic Prediction Final SCOTUS Decision
John G. Roberts, Jr.
75 (R)
Outcome pending...
Anthony M. Kennedy
58 (R)
Outcome pending...
Clarence Thomas
53 (R)
Outcome pending...
Ruth Bader Ginsburg
73 (R)
Outcome pending...
Stephen G. Breyer
80 (R)
Outcome pending...
Samuel A. Alito
66 (R)
Outcome pending...
Sonia Sotomayor
81 (R)
Outcome pending...
Elena Kagan
87 (R)
Outcome pending...

Case Events

No Date Description
29 2017-02-21 Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Stephen B. Kinnaird, Washington, D. C.
28 2017-02-09 Reply of respondent Equal Employment Opportunity Commission filed. (Distributed)
27 2017-02-08 Reply of petitioner McLane Company, Inc. filed. (Distributed)
26 2017-01-23 Motion for allocation of argument time GRANTED.
25 2017-01-19 Record received from the U.S.D.C. District of Arizona is electronic and located on PACER. Also received are SEALED documents that are electronic.
24 2017-01-17 Motion for allocation of argument time filed by respondent Equal Employment Opportunity Commission.
23 2017-01-17 CIRCULATED.
22 2017-01-13 Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
21 2017-01-10 Brief of Stephen B. Kinnaird Court-appointed amicus curiae defending the judgment below filed.
20 2016-12-30 Record requested from U.S.C.A. 9th Circuit.
19 2016-12-22 SET FOR ARGUMENT on Tuesday, February 21, 2017.
18 2016-12-14 Brief of respondent Equal Employment Opportunity Commission filed.
17 2016-11-21 Brief amici curiae of Equal Employment Advisory Council, et al. filed.
16 2016-11-21 Brief amici curiae of Law Professors filed.
15 2016-11-18 Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the respondent.
14 2016-11-14 Joint appendix filed. Volumes I & II (Statement of costs filed)
13 2016-11-14 Brief of petitioner McLane Company, Inc. filed.
12 2016-11-14 The brief of the Court-appointed amicus curiae is to be filed on or before January 10, 2017.
11 2016-11-08 Stephen B. Kinnaird, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the position that a district court's decision to quash or enforce an EEOC subpoena is subject to de novo review. Briefs of other amici curiae in support of the judgment below are to be filed within 7 days of the filing of the brief of Court-appointed amicus curiae.
10 2016-11-02 Letter from counsel for the respondent filed.
9 2016-10-27 Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for petitioner.
8 2016-09-29 Petition GRANTED limited to Question 1 presented by the petition.
7 2016-07-20 Reply of petitioner McLane Company, Inc. filed. (Distributed)
6 2016-07-20 DISTRIBUTED for Conference of September 26, 2016.
5 2016-07-06 Brief of respondent Equal Employment Opportunity Commission in opposition filed.
4 2016-06-07 Order further extending time to file response to petition to and including July 6, 2016.
3 2016-05-06 Brief amicus curiae of Equal Employment Advisory Council filed.
2 2016-04-26 Order extending time to file response to petition to and including June 6, 2016.
1 2016-04-04 Petition for a writ of certiorari filed. (Response due May 6, 2016)

Case Counsels

Name Party Name Description Address Phone Type
Allyson N. Ho McLane Company, Inc. Counsel of Record Morgan, Lewis & Bockius LLP 1717 Main Street, Suite 3200 Dallas, TX 75201-7347 allyson.ho@morganlewis.com (214) 466-4000 petitioner
Andrew M. Jacobs McLane Company, Inc. Amicus Snell & Wilmer, L.L.P. One South Church Ave., Suite 1500 Tucson, AZ 85701 ajacobs@swlaw.com (520) 882-1207 petitioner
Evan A. Young Law Professors Amicus Baker Botts LLP 98 San Jacinto Boulevard Suite 1500 Austin, TX 78701-4078 evan.young@bakerbotts.com (512) 322-2506 other
Jeffrey B. Wall Equal Employment Opportunity Commission Counsel of Record Acting Solicitor General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov (202) 514-2217 respondent
Michael Patrick Bracken Equal Employment Advisory Council Amicus NT Lakis, LLP 1501 M St., N.W. Washington, DC 20005 mpbracken@ntlakis.com (202) 629-5608 other
Rachel Peter Kovner Equal Employment Opportunity Commission Amicus 950 Pennsylvania Avenue NW Washington, DC 20530 rachel.kovner@usdoj.gov (202) 514-8469 respondent
Stephen B. Kinnaird Court-appointed amicus curiae defending the judgment below Counsel of Record Paul Hastings LLP 875 15th Street, N.W. Washington, DC 20005 stephenkinnaird@paulhastings.com (202) 551-1700 respondent
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