Record returned to U.S.C.A. for Sixth Circuit. (1-box)

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Breyer, and Sotomayor, JJ., joined. Kennedy, J., filed a concurring opinion. Thomas, J., filed an opinion concurri... (orders list)

Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Breyer, and Sotomayor, JJ., joined. Kennedy, J., filed a concurring opinion. Thomas, J., filed an opinion concurring i (orders list)

Argued. For petitioner: Benjamin C. Mizer, Solicitor General, Columbus, Ohio. For respondents: Stephen C. Fitch, Columbus, Ohio.

Supplemental brief of respondents Commerce Energy, Inc., et al. filed. (Distributed)

Reply of petitioner Richard A. Levin, Tax Commissioner of Ohio filed. (Distributed)

CIRCULATED.

Brief amicus curiae of Council on State Taxation filed.

Record received from U.S.C.A. for 6th Circuit. 1 (box)

Brief of respondents Commerce Energy, Inc., et al. filed.

SET FOR ARGUMENT ON Monday, March 22, 2010.

Brief amici curiae of Illinois, et al. filed.

Brief amicus curiae of Multistate Tax Commission filed.

The time within which to file the respondent's brief on the merits is extended to and including January 29, 2010.

Brief of petitioner Richard A. Levin, Tax Commissioner of Ohio filed.

Joint appendix filed. (Statement of costs filed)

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including December 24, 2009.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of October 30, 2009.

Reply of petitioner Richard A. Levin, Tax Commissioner of Ohio filed.

Brief amici curiae of Illinois, et al. filed.

Brief of respondents Commerce Energy, Inc., et al. in opposition filed.

Appendix of Richard A. Levin, Tax Commissioner of Ohio filed.

Petition for a writ of certiorari filed. (Response due September 23, 2009)

Richard A. Levin, Tax Commissioner of Ohio, Petitioner, represented by Benjamin C. Mizer

Commerce Energy, Inc., et al., Respondent, represented by Stephen Charles Fitch

Council on State Taxation, Amicus Curiae, represented by Beth Heifetz

Illinois, et al., Amicus Curiae, represented by Michael A. Scodro

Multistate Tax Commission, Amicus Curiae, represented by Shirley K. Sicilian