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.

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District of Columbia v. Wesby

Docket No. Op. Below Argument Opinion Vote Author Term
15-1485 D.C. Cir. Oct 4, 2017
Tr.Aud.
TBD TBD TBD OT 2017

Issues: (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, and in particular whether, when the owner of a vacant home informs police that he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' questionable claims of an innocent mental state; and (2) whether, even if there was no probable cause to arrest the apparent trespassers, the officers were entitled to qualified immunity because the law was not clearly established in this regard.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 13 2016Application (15A1050) to extend the time to file a petition for a writ of certiorari from May 8, 2016 to June 8, 2016, submitted to The Chief Justice.
Apr 13 2016Application (15A1050) granted by The Chief Justice extending the time to file until June 8, 2016.
Jun 08 2016Petition for a writ of certiorari filed. (Response due July 8, 2016)
Jun 28 2016Waiver of right of respondents Theodore Wesby, et al. to respond filed.
Jul 08 2016Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc.
Jul 08 2016Brief amici curiae of Utah and Seventeen Other States filed.
Jul 13 2016DISTRIBUTED for Conference of September 26, 2016.
Jul 18 2016Response Requested. (Due August 17, 2016)
Aug 08 2016Order extending time to file response to petition to and including September 16, 2016.
Sep 16 2016Brief of respondents Theodore Wesby, et al. in opposition filed.
Oct 04 2016Reply of petitioners District of Columbia, et al. filed.
Oct 05 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 31 2016DISTRIBUTED for Conference of November 4, 2016.
Nov 07 2016DISTRIBUTED for Conference of November 10, 2016.
Nov 14 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016DISTRIBUTED for Conference of December 2, 2016.
Dec 05 2016DISTRIBUTED for Conference of December 9, 2016.
Dec 27 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 09 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 17 2017DISTRIBUTED for Conference of January 19, 2017.
Jan 19 2017Motion for leave to file amicus brief filed by International Municipal Lawyers Association, Inc. GRANTED.
Jan 19 2017Petition GRANTED.
Feb 17 2017The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 5, 2017.
Feb 17 2017The time to file respondents' brief on the merits is extended to and including July 12, 2017.
Apr 05 2017Application (16A956) to extend the time to file a reply brief on the merits from August 11, 2017 to September 1, 2017, submitted to The Chief Justice.
Apr 12 2017Application (16A956) granted by The Chief Justice extending the time to file the reply brief on the merits until September 1, 2017.
May 05 2017Joint appendix filed. (Statement of costs filed.)
May 05 2017Brief of petitioners District of Columbia, et al. filed.
May 11 2017Brief amici curiae of The National Association of Counties, et al. filed.
May 12 2017Brief amicus curiae of United States filed.
May 12 2017Brief amici curiae of Utah and Twenty-Five Other States filed.
May 22 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 12 2017Brief of respondents Theodore Wesby, et al. filed.
Jul 19 2017SET FOR ARGUMENT on Wednesday, October 4, 2017.
Jul 19 2017Brief amici curiae of American Civil Liberties Union, et al. filed.
Aug 01 2017Record requested from the U.S.C.A. District of Columbia Circuit.
Aug 09 2017CIRCULATED
Aug 21 2017Record received from the U.S.C.A. District of Columbia Circuit is electronic and available on PACER with the exception of one restricted document that is electronic.
Aug 25 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Sep 01 2017Reply of petitioners District of Columbia, et al. filed. (Distributed)
Oct 04 2017Argued. For petitioners: Todd Kim, Solicitor General, Washington, D. C.; and Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nathaniel P. Garrett, San Francisco, Cal.
 
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