Birchfield v. North Dakota

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1468	N.D.	Apr 20, 2016 Tr.Aud.	Jun 23, 2016	7-1	Alito	OT 2015

Holding: The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.

Judgment: Reversed and remanded, 7-1, in an opinion by Justice Alito on June 23, 2016. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

A “view” from the Courtroom: Alito dissents on affirmative action, a deadlock on immigration, and more (Mark Walsh)
Opinion analysis: States prevail on breath (but not blood) tests without a warrant (Amy Howe)
Argument analysis: Criminal penalties for refusal to take a Breathalyzer test in jeopardy? (Amy Howe)
Argument preview: Warrantless DUI tests and the Fourth Amendment (Amy Howe)
Court to rule on drunk-driving tests (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
May 1 2015	Application (14A1122) to extend the time to file a petition for a writ of certiorari from May 13, 2015 to July 10, 2015, submitted to Justice Alito.
May 5 2015	Application (14A1122) granted by Justice Alito extending the time to file until June 12, 2015.
Jun 12 2015	Petition for a writ of certiorari filed. (Response due July 16, 2015)
Jul 15 2015	Waiver of right of respondent North Dakota to respond filed.
Jul 29 2015	DISTRIBUTED for Conference of September 28, 2015.
Aug 10 2015	Response Requested . (Due September 9, 2015)
Sep 16 2015	Order extending time to file response to petition to and including September 24, 2015.
Sep 24 2015	Brief of respondent North Dakota in opposition filed.
Oct 14 2015	Reply of petitioner Danny Birchfield filed.
Nov 17 2015	DISTRIBUTED for Conference of December 4, 2015.
Dec 7 2015	DISTRIBUTED for Conference of December 11, 2015.
Dec 11 2015	Petition GRANTED The petitions for writs of certiorari in No. 14-1470 and No. 14-1507 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 26 2016	The time to file the joint appendix and petitioners' briefs on the merits is extended to and including February 4, 2016. VIDED
Jan 26 2016	The time to file respondents' briefs on the merits is extended to and including March 15, 2016. VIDED
Feb 4 2016	Brief of petitioner Danny Birchfield filed.
Feb 4 2016	Motion to dispense with printing the joint appendix filed by petitioner Danny Birchfield. VIDED.
Feb 8 2016	Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED.
Feb 9 2016	Brief amicus curiae of DUI Defense Lawyers Association filed. VIDED.
Feb 11 2016	Brief amici curiae of Downsize DC Foundation, et al. filed. VIDED.
Feb 11 2016	Brief amicus curiae of American Civil Liberties Union filed. VIDED.
Feb 11 2016	Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED.
Feb 29 2016	Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED
Feb 29 2016	Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party GRANTED. VIDED
Mar 4 2016	SET FOR ARGUMENT ON Wednesday, April 20, 2016. VIDED
Mar 14 2016	Record requested from the Supreme Court of North Dakota.
Mar 15 2016	CIRCULATED.
Mar 15 2016	Brief of respondent North Dakota filed. (Distributed)
Mar 16 2016	Brief amicus curiae of The California District Attorneys Association filed. VIDED. (Distributed)
Mar 22 2016	Brief amicus curiae of United States filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of New Jersey and Seventeen Other States filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of The Council of State Governments, et al. filed. VIDED. (Distributed)
Mar 22 2016	Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 22 2016	Brief amicus curiae of Mothers Against Drunk Driving filed. VIDED. (Distributed)
Mar 22 2016	Brief amici curiae of The National District Attorneys Association, et al. filed. VIDED. (Distributed)
Apr 4 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent North Dakota, 10 minutes for respondent Minnesota, and 10 minutes for the Solicitor General. VIDED
Apr 13 2016	Reply of petitioner Danny Birchfield filed. (Distributed.)
Apr 20 2016	Argued. For petitioners: Charles A. Rothfeld, Washington, D. C. For respondents in Nos. 14-1468 & 14-1507: Thomas R. McCarthy, Arlington, Va. For respondent in 14-1470: Kathryn Keena, Assistant Dakota County Attorney, Hastings, Minn. For United States as amicus curiae in support of respondents: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 23 2016	Judgment in No. 14-1468 REVERSED and case REMANDED. Judgment in No. 14-1470 AFFIRMED. Judgment in No. 14-1507 VACATED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part.
Jul 25 2016	JUDGMENT ISSUED
Jul 25 2016	MANDATE ISSUED

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Birchfield v. North Dakota

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Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

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