Aereo Hearing Set for Supreme Court on April 22

Aereo Judge
Oliver Munday


Broadcasters will face off against Aereo on April 22 in the Supreme Court, according to a schedule of oral arguments that the high court released on Tuesday.

Last month, the Supreme Court granted review of the networks’ challenge to the start-up streaming service. Justice Samuel Alito has recused himself from the case, meaning that eight justices will decide.

A decision in the case is expected to come by late June, when the court finishes its term. David Frederick of Kellogg Huber in Washington will argue for Aereo, while there is speculation that Paul Clement of Bancroft will argue for the broadcasters. Clement is a former U.S. solicitor general.

The first brief, from the broadcast networks, is due on Feb. 24, and Aereo’s response is due on March 26. Amicus briefs in support of the broadcasters are due on March 3, and friend-of-the-court briefs in support of Aereo are due on April 2.

Meanwhile, a federal judge in Utah heard oral arguments on Tuesday morning as broadcasters seek a preliminary injunction to stop Aereo’s streams of their signals in Salt Lake City. Aereo has urged the court there to stay the proceedings pending the Supreme Court’s decision, as judges have done in other jurisdictions, but U.S. District Judge Dale Kimball still proceeded with oral arguments on the motion for a preliminary injunction.

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