Illinois v. Missouri

Background

An ongoing case before the Court needed closer management of filings, testimony, and evidence. The Court appointed the Honorable Sam E. Whitaker, Senior Judge of the United States Court of Claims, as Special Master (a court-appointed official who handles specific case tasks). The short order gives him the power to set timing and conditions for additional pleadings, direct how later proceedings should run, and decide what evidence should be gathered. The opinion text does not identify the underlying dispute or name the parties, referring only to "the parties in this case."

Reasoning

The Court’s action addresses procedural control: whether a trusted judge should oversee the next steps of the litigation. The order authorizes Judge Whitaker to summon witnesses, issue subpoenas, take evidence both introduced by the parties and that he deems necessary, and submit reports to the Court as he sees fit. It also allows him actual expense reimbursement and directs that his allowances, assistant compensation, printing costs, and other proper expenses be charged to the parties in proportions the Court will later decide. The order further provides that if the Special Master position becomes vacant during a Court recess, the Chief Justice may designate a replacement with the same authority.

Real world impact

A single court-appointed official will now handle many document, scheduling, and evidence tasks, which can streamline fact-finding and hearings. Witnesses may be compelled to appear under subpoena, and parties should expect to share the costs of the master and his staff as allocated by the Court. Because this is a procedural appointment, it does not resolve the case’s substantive issues and the arrangement can be changed by the Court later.