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 adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
The court will release orders at 9:30 a.m. EDT followed by oral argument in two cases.
First, whether Alaska Native regional and village corporations are “Indian Tribes” for purposes of CARES Act Covid-related relief.
By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
www.scotusblog.com
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
Four Democrats unveiled legislation today to expand the size of the Supreme Court from nine justices to 13 -- but Democratic leaders in both the House and Senate quickly threw cold water on the proposal.
Here's our report from @jamesromoser:
Bill to enlarge the Supreme Court faces dim prospects in Congress - SCOTUSblog
Four congressional Democrats introduced legislation Thursday to expand the number of seats on the Supreme Court from ...
www.scotusblog.com
We're so excited about our April 15 Live Webinar (w/ @HarvardACS & @HarvardFedSoc), Covering the Court, featuring an all-star lineup of panelists @jduffyrice, @katieleebarlow, @whignewtons, & @stevenmazie! _👩⚖️👩⚖️👩⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️👨⚖️_ Register here ➡️ https://harvard.zoom.us/webinar/register/WN_k_b_9IPBQ_GV37rpsjF9kw
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