|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-9335||4th Cir.||Jan 14, 2013||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.
|Date||Proceedings and Orders |
|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|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."