|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-983||3d Cir.||Dec 1, 2014||Jun 1, 2015||8-1||Roberts||OT 2014|
Disclosure: John Elwood, a frequent contributor to this blog, is among the counsel to the petitioner in the case.
Holding: The Third Circuit’s instruction, requiring only negligence with respect to the communication of a threat, is not sufficient to support a conviction under 18 U.S.C. § 875(c), which makes it a federal crime to transmit in interstate commerce “any communication containing any threat . . . to injure the person of another.”
Judgment: Reversed and remanded, 8-1, in an opinion by Chief Justice Roberts on June 1, 2015. Justice Alito filed an opinion concurring in part and dissenting in part. Justice Thomas filed a dissenting opinion.
|Date||Proceedings and Orders |
|Dec 20 2013||Application (13A695) to extend the time to file a petition for a writ of certiorari from January 15, 2014 to March 7, 2014, submitted to Justice Alito.|
|Jan 6 2014||Application (13A695) granted by Justice Alito extending the time to file until February 14, 2014.|
|Feb 14 2014||Petition for a writ of certiorari filed. (Response due March 21, 2014)|
|Mar 12 2014||Order extending time to file response to petition to and including April 21, 2014.|
|Mar 21 2014||Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.|
|Apr 21 2014||Brief of respondent United States in opposition filed.|
|May 5 2014||Reply of petitioner Anthony Douglas Elonis filed.|
|May 6 2014||DISTRIBUTED for Conference of May 22, 2014.|
|May 27 2014||DISTRIBUTED for Conference of May 29, 2014.|
|Jun 2 2014||DISTRIBUTED for Conference of June 5, 2014.|
|Jun 9 2014||DISTRIBUTED for Conference of June 12, 2014.|
|Jun 16 2014||Petition GRANTED In addition to the question presented by the petition, the parties are directed to brief and argue the following question: "Whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U. S. C. §875(c) requires proof of the defendant's subjective intent to threaten."|
|Jul 7 2014||The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 15, 2014.|
|Jul 7 2014||The time to file respondent's brief on the merits is extended to and including September 29, 2014.|
|Jul 8 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Jul 30 2014||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.|
|Aug 15 2014||Joint appendix (2 volumes) filed. (Statement of costs filed.)|
|Aug 15 2014||Brief of petitioner Anthony Douglas Elonis filed.|
|Aug 18 2014||Brief amici curiae of Marion B. Brechner First Amendment Project, et al. filed.|
|Aug 22 2014||Brief amici curiae of People for Ethical Treatment of Animals, Inc. (PETA), et al. filed.|
|Aug 22 2014||Brief amicus curiae of Center for Individual Rights filed.|
|Aug 22 2014||Brief amici curiae of Student Press Law Center, et al. filed.|
|Aug 22 2014||Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.|
|Aug 22 2014||Brief amici curiae of American Civil Liberties Union, et al. filed.|
|Aug 22 2014||Brief amici curiae of Rutherford Institute, et al. filed.|
|Aug 22 2014||Brief amici curiae of Thomas Jefferson Center for the Protection of Free Expression, et al. filed.|
|Sep 4 2014||SET FOR ARGUMENT on Monday, December 1, 2014.|
|Sep 22 2014||Brief amicus curiae of National Center for Victims of Crime filed.|
|Sep 22 2014||Record requested from U.S.C.A. 3rd Circuit.|
|Sep 29 2014||Brief of respondent United States filed.|
|Oct 2 2014||Brief amici curiae of Wisconsin, et al. filed. (Distributed)|
|Oct 6 2014||Brief amici curiae of National Network to End Domestic Violence, et al. filed.|
|Oct 6 2014||Brief amicus curiae of Anti-Defamation League filed.|
|Oct 6 2014||Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed.|
|Oct 6 2014||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Oct 27 2014||CIRCULATED.|
|Oct 29 2014||Reply of petitioner Anthony Douglas Elonis filed. (Distributed)|
|Nov 3 2014||Record received from U.S.C.A. 3rd Circuit. The record is electronic.|
|Dec 1 2014||Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.|
|Jun 1 2015||Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and dissenting in part. Thomas, J., filed a dissenting opinion.|
|Jul 6 2015||JUDGMENT ISSUED.|
NEW: SCOTUS agrees to take up NINE new cases, including Gonzalez v. Google, involving the scope of tech companies' immunity under Section 230 of the Communications Decency Act. The order list is not yet posted on the court's website, but here is a link: https://www.scotusblog.com/wp-content/uploads/2022/10/100322ZOR.pdf
Today at SCOTUS: It's the opening day of the 2022-23 term. At 9:30 a.m. EDT, the court will issue orders, which may include cert grants from last week's "long conference." Then, at 10, the court will hear two arguments as Ketanji Brown Jackson takes the bench for the first time.
Goodbye SCOTUS, a fond farewell . . .
Goodbye SCOTUS, A Fond Farewell - Art Lien, Courtartist
Tomorrow begins a new term for the Court, and I won’t be there. My first visit to the Supreme Court was ...
And then there were four. (Photo from before yesterday's investiture of Justice Ketanji Brown Jackson, by the Supreme Court of the United States.)
Art Lien, AKA @Courtartist, retired over the summer after 45 years drawing the Supreme Court. For the last nine of those years, Art worked for SCOTUSblog. We're honoring his journalism with a retrospective on his work. Trust us, it's a feast for the eyes:
Forty-five years of visual journalism from a supremely talented court artist - SCOTUSblog
For 45 years, Arthur Lien witnessed, sketched, and recorded for posterity some of the Supreme Court's most historic ...
Justice Jackson's investiture ceremony has concluded. After the ceremony, she took the traditional walk down the court's front steps, accompanied by the chief justice. She also shared a moment with her husband, Patrick, on the plaza after the ceremony. Photos by @katieleebarlow.
Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.