Abramski v. United States

Abramski v. United States

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger

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Conference of March 15, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-1493	4th Cir.	Jan 22, 2014 Tr.Aud.	Jun 16, 2014	5-4	Kagan	OT 2013

Holding: Regardless whether the actual buyer could have purchased the gun, a person who buys a gun on someone else’s behalf while falsely claiming that it is for himself makes a material misrepresentation punishable under 18 U.S.C. § 922(a)(6), which prohibits knowingly making false statements “with respect to any fact material to the lawfulness of a sale of a gun.”

Judgment: Affirmed, 5-4, in an opinion by Justice Kagan on June 16, 2014. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.

Opinion analysis: No stand-in gun buyers allowed (Lyle Denniston)
Argument recap: When compromise is the problem (Lyle Denniston)
Argument preview: Checking up on gun buyers (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Apr 2 2013	Application (12A955) to extend the time to file a petition for a writ of certiorari from April 23, 2013 to June 22, 2013, submitted to The Chief Justice.
Apr 4 2013	Application (12A955) granted by The Chief Justice extending the time to file until June 21, 2013.
Jun 21 2013	Petition for a writ of certiorari filed. (Response due July 25, 2013)
Jul 19 2013	Order extending time to file response to petition to and including August 26, 2013.
Jul 25 2013	Brief amici curiae of Steve Stockman, et al. filed.
Jul 25 2013	Brief amicus curiae of NRA Civil Rights Defense Fund filed.
Aug 26 2013	Brief of respondent United States in opposition filed.
Sep 9 2013	Reply of petitioner Bruce James Abramski, Jr. filed.
Sep 11 2013	DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013	DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013	Petition GRANTED.
Oct 24 2013	Petitioner will file the joint appendix and petitioner's brief on the merits on or before November 26, 2013.
Oct 24 2013	Respondent will file respondent's brief on the merits on or before December 24, 2013.
Nov 4 2013	SET FOR ARGUMENT ON Wednesday, January 22, 2014.
Nov 4 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 14 2013	Record received from U.S.D.C. Western District of Virginia. The record is electronic (Not on PACER).
Nov 18 2013	Record received from the U. S. C. A. Fourth Circuit - (1 envelope). A portion of the record is electronic (Not on PACER). There are also sealed documents in this record.
Nov 26 2013	Joint appendix (2 volumes) filed. (Statement of costs filed.)
Nov 26 2013	Brief of petitioner Bruce James Abramski, Jr. filed.
Dec 3 2013	Brief amicus curiae of Steve Stockman, et al. filed.
Dec 3 2013	Brief amicus curiae of NRA Civil Rights Defense Fund filed. (Distributed)
Dec 3 2013	Brief amici curiae of Robert Snellings and Ulysses Grant Early, IV filed. (Distributed)
Dec 3 2013	Brief amici curiae of State of West Virginia, et al. filed. (Distributed)
Dec 4 2013	CIRCULATED.
Dec 23 2013	Brief of respondent United States filed. (Distributed)
Dec 30 2013	Brief amici curiae of States of Hawaii, et al. filed. (Distributed)
Dec 30 2013	Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed. (Distributed)
Dec 30 2013	Brief amicus curiae of City of New York filed. (Distributed)
Jan 13 2014	Reply of petitioner Bruce James Abramski, Jr. filed. (Distributed)
Jan 22 2014	Argued. For petitioner: Richard D. Dietz, Winston Salem, N. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 16 2014	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
Jul 18 2014	JUDGMENT ISSUED
Jul 22 2014	Record returned for U.S.C.A. 4th Circuit.

Featured Posts

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

Opinion analysis: Washington state motor-fuel tax violates Yakama Treaty – Bethany Berger
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices meet for their March 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- 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.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- 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.
see all this term’s cases »
Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)

27
KISOR V. WILKIE (18-15)

29
Conference