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 at 9:30 a.m. we expect orders from the March 7 Conference, followed by one or more opinions in argued cases at 10:00 a.m. The live blog will be available here beginning at 9:15. The next Conference is scheduled for March 21. Our list of "Petitions to watch" for that Conference will be available soon.
Upcoming Oral Arguments
Wood v. Moss Secret Service agents’ plea for immunity from lawsuit for actions taken against demonstrators who were opposed to the president’s policies.
Clark v. Rameker Whether an Individual Retirement Account that an individual inherited rather than created personally is exempted from a bankruptcy estate
Catsimatidis v. Irizarry Whether an individual may be held personally liable
for a corporation’s violation of the Fair Labor
Standards Act merely
because the individual had general control over corporate
affairs, but exercised no personal responsibility
over the conduct that caused the violation.
Justice Elena Kagan delivers the 2014 Justice Ruth Bader Ginsburg Lecture on Women and the Law at the New York City Bar Association, where (among other things) she attributes the “gulf between Justice Ginsburg’s career and” hers to the work of Justice Ginsburg herself.
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.