Gundy v. United States

Gundy v. United States

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

Justices asked to intervene in grand jury dispute (UPDATED) – Amy Howe

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Orders

DAWSON V. STEAGER (17-419)

LORENZO V. SEC (17-1077)

BIESTEK V. BERRYHILL (17-1184)

HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

Supreme Court building closed for National Day of Mourning for George H.W. Bush

GAMBLE V. UNITED STATES (17-646)

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-6086	2d Cir.	Oct 2, 2018 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether the federal Sex Offender Registration and Notification Act’s delegation of authority to the attorney general to issue regulations under 42 U.S.C. § 16913 violates the nondelegation doctrine.

First Mondays, OT2018 #4: “This Is About Frogs” (First Mondays)
Argument analysis: Justices grapple with nondelegation challenge (Mila Sohoni)
OT2018 #1: "Rearranging Deck Chairs" (First Mondays)
Argument preview: Justices face nondelegation challenge to federal sex-offender registration law (Mila Sohoni)
OT2018 #0: "Looks A Lot Like Grift" (First Mondays)
Justices grant review in two new cases (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Sep 20 2017	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Sep 29 2017	Waiver of right of respondents United States to respond filed.
Oct 05 2017	DISTRIBUTED for Conference of 10/27/2017.
Oct 17 2017	Response Requested. (Due November 16, 2017)
Nov 09 2017	Order extending time to file response to petition to and including December 18, 2017.
Dec 18 2017	Brief of respondent United States in opposition filed.
Jan 04 2018	DISTRIBUTED for Conference of 1/19/2018.
Jan 16 2018	Rescheduled.
Feb 05 2018	DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018	DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018	DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018	Motion of petitioner for leave to proceed in forma pauperis GRANTED. The petition for a writ of certiorari is GRANTED limited to Question 4 presented by the petition.
Mar 13 2018	Motion for an extension of time filed.
Mar 14 2018	Motion to extend the briefing schedule on the merits is granted . The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2018. The time to file respondent's brief on the merits is extended to and including August 2, 2018.
May 24 2018	Brief amici curiae of Cato Institute & Cause of Action Institute filed.
May 25 2018	Brief of petitioner Herman Gundy filed.
May 25 2018	Joint appendix filed. (Statement of costs filed)
May 30 2018	Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed.
May 30 2018	Brief amicus curiae of The National Association of Federal Defenders filed.
May 31 2018	Brief amicus curiae of Pacific Legal Foundation filed.
Jun 01 2018	Brief amicus curiae of New Civil Liberties Alliance filed.
Jun 01 2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jun 01 2018	Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed.
Jun 01 2018	Brief amicus curiae of American Civil Liberties Union filed.
Jun 01 2018	Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed.
Jun 01 2018	Brief amicus curiae of Institute for Justice filed.
Jun 01 2018	Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018)
Jun 01 2018	Brief amici curiae of Downsize DC Foundation, et al. filed.
Jun 01 2018	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 01 2018	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Jul 09 2018	SET FOR ARGUMENT On Tuesday, October 2, 2018
Aug 02 2018	Brief of respondent United States filed. (Distributed)
Aug 03 2018	CIRCULATED
Aug 07 2018	Record requested from the U.S.C.A. 2nd Circuit.
Aug 08 2018	Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Sep 04 2018	Reply of petitioner Herman Gundy filed. (Distributed)
Oct 02 2018	Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C.

Featured Posts

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

Justices asked to intervene in grand jury dispute (UPDATED) – Amy Howe
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The Supreme Court is between sittings.
The justices will meet next for their January 4 conference; John Elwood's Relist Watch compiles the petitions likely relisted for this conference.
The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
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Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57