Abramski v. United States

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Abramski v. United States

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Conference of May 16, 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.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- 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.
- 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.
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Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- 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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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