Issue: (1) Whether persons with Article III standing to object to criminal subpoenas of confidential information have a First Amendment or Due Process right to be heard and to present evidence in support of their objections; and (2) whether the lower court applied the correct legal standard to subpoenas issued by foreign governments pursuant to Mutual Legal Assistance Treaties and 18 U.S.C. § 3512.
Application (12A310) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Breyer.
Oct 1 2012
UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the First Circuit, case Nos. 11-2511 and 12-1159, is hereby stayed pending receipt of a response, due on or before Thursday, October 11, 2012, by 4 p.m., and further order of Justice Breyer or of the Court.
Oct 11 2012
Response to application from respondent United States, et al. filed.
Oct 15 2012
Reply of applicant Ed Moloney and Anthony McIntyre filed.
Oct 17 2012
Application (12A310) granted by Justice Breyer. UPON FURTHER CONSIDERATION of the application of counsel for the applicants, the response filed thereto, and the reply, IT IS ORDERED that the mandate of the United States Court of Appeals for the First Circuit, case Nos. 11-2511 and 12-1159, is hereby stayed until November 16, 2012. If the applicants file a petition for a writ of certiorari on or before that date, then the mandate of the First Circuit is further stayed until the petition is resolved by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. If the applicants do not file a petition for certiorari on or before November 16, then the stay shall expire at 5 p.m. that day.
On Monday the Court issued orders from the April 24 Conference, which Lyle reported on. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.