|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-1493||4th Cir.||Jan 22, 2014||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.
|Date||Proceedings and Orders |
|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.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050