Alleyne v. United States

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Alleyne v. United States

Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-9335	4th Cir.	Jan 14, 2013 Tr.Aud.	Jun 17, 2013	5-4	Thomas	OT 2012

Holding: Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an “element” of the crime that must be submitted to the jury.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Thomas on June 17, 2013. Justice Sotomayor filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion in which Justices Scalia and Kennedy joined. Justice Alito filed a dissenting opinion.

Reconciling ceilings and floors: Alleyne v. United States (Mike Gottlieb)
Details: Alleyne v. United States (Mike Gottlieb)
Argument recap: Just what does Apprendi mean? (Lyle Denniston)
Argument preview: Back to the sentencing puzzle (Lyle Denniston)
Another revolution on sentencing? (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Mar 14 2012	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
Mar 22 2012	Waiver of right of respondent United States to respond filed.
Mar 29 2012	DISTRIBUTED for Conference of April 13, 2012.
Apr 10 2012	Response Requested . (Due May 10, 2012)
Apr 10 2012	Record Requested .
Apr 16 2012	Record received from US Court of Appeals for the the Fourth Circuit (one envelope containing joint appendices; including one sealed envelope). Remaining record is on PACER.
Apr 16 2012	Record of the U.S. District Court Eastern District of Virginia - (Richmond) on PACER.
May 1 2012	Order extending time to file response to petition to and including June 11, 2012.
Jun 11 2012	Brief of respondent United States in opposition filed.
Jun 20 2012	Reply of petitioner Allen Ryan Alleyne filed. (Distributed)
Jun 21 2012	DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012	DISTRIBUTED for Conference of October 5, 2012.
Oct 5 2012	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Oct 31 2012	SET FOR ARGUMENT ON Monday, January 14, 2013.
Nov 19 2012	Joint appendix filed. (Statement of costs filed)
Nov 19 2012	Brief of petitioner Allen Ryan Alleyne filed.
Nov 21 2012	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Nov 26 2012	Brief amicus curiae of New York Council of Defense Lawyers filed.
Nov 26 2012	Brief amicus curiae of Center on the Administration of Criminal Law filed.
Nov 26 2012	Brief amici curiae of Sentencing Project, and The American Civil Liberties Union filed.
Nov 26 2012	Brief amicus curiae of Families Against Mandatory Minimums filed.
Dec 6 2012	CIRCULATED
Dec 19 2012	Brief of respondent United States filed. (Distributed)
Dec 26 2012	Brief amici curiae of Texas, et al. filed. (Distributed)
Jan 7 2013	Reply of petitioner Allen Ryan Alleyne filed. (Distributed)
Jan 14 2013	Argued. For petitioner: Mary E. Maguire, Assistant Federal Public Defender, Richmond, VA. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 17 2013	Judgment VACATED and case REMANDED Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and an opinion with respet to Parts II and III-A, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Ginsburg and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia and Kennedy, JJ., joined. Alito, J., filed a dissenting opinion.
Jul 19 2013	JUDGMENT ISSUED

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Court puts partisan-gerrymandering rulings on hold – Amy Howe

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood
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This Week at the Court
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 met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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.
see all this term’s cases »
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.
More Petitions »
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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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16
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