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Harkonen v. United States

Petition for certiorari denied on December 16, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
13-180 9th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether a conclusion about the meaning of scientific data, one on which scientists may reasonably disagree, satisfies the element of a “false or fraudulent” statement under the wire fraud statute, 18 U.S.C. § 1343; and (2) whether applying 18 U.S.C. § 1343 to scientific conclusions drawn from accurate data violates the First Amendment’s proscription against viewpoint discrimination, or renders the statute, as applied, unconstitutionally vague.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 5 2013Petition for a writ of certiorari filed. (Response due September 9, 2013)
Aug 15 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Sep 4 2013Brief amici curiae of Scientists and Academics filed.
Sep 5 2013Order extending time to file response to petition to and including October 9, 2013.
Sep 9 2013Brief amicus curiae of Abilgail Alliance for Better Access to Developmental Drugs filed.
Sep 9 2013Brief amici curiae of Law Professors filed.
Sep 9 2013Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Sep 25 2013Order further extending time to file response to petition to and including November 8, 2013.
Nov 8 2013Brief of respondent United States in opposition filed.
Nov 25 2013Reply of petitioner W. Scott Harkonen filed.
Nov 26 2013DISTRIBUTED for Conference of December 13, 2013.
Dec 16 2013Petition DENIED.