Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Batato v. United States

Petition for certiorari denied on October 2, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1206 4th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether a district court, consistent with Article III of the United States Constitution, can exercise in rem jurisdiction over foreign property that is within the exclusive custody and control of foreign courts; (2) whether a district court, consistent with 28 U.S.C. § 2466 and due process, can resolve factual disputes and make adverse credibility determinations at the pleading stage in finding that a claimant is a disentitled fugitive; and (3) whether a foreign national residing abroad should be deemed to have the intent “to avoid criminal prosecution” and be disentitled as a fugitive, consistent with 28 U.S.C. § 2466 and due process, merely because avoiding criminal prosecution is a reason (not the sole or primary reason) why the foreign national has not entered the United States while aware that he faces criminal prosecution here.

SCOTUSblog Coverage

DateProceedings and Orders
Jan 25 2017Application (16A747) to extend the time to file a petition for a writ of certiorari from February 7, 2017 to April 7, 2017, submitted to The Chief Justice.
Jan 26 2017Application (16A747) granted by The Chief Justice extending the time to file until April 7, 2017.
Apr 07 2017Petition for a writ of certiorari filed. (Response due May 8, 2017)
Apr 14 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
May 03 2017Order extending time to file response to petition to and including June 7, 2017.
May 08 2017Brief amici curiae of Institute for Justice, et al. filed.
Jun 07 2017Brief of respondent United States in opposition filed.
Jun 21 2017DISTRIBUTED for Conference of September 25, 2017.
Jun 21 2017Reply of petitioners Finn Batato, et al. filed. (Distributed)
Sep 01 2017Supplemental brief of petitioners Finn Batato, et al. filed. (Distributed)
Oct 02 2017Petition DENIED.
 
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