|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether the due process clause of the United States Constitution, as discussed in McCarthy v. United States and more recent decisions of the Supreme Court, requires discussion in open court of the elements of an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) offense to advise the defendant of the nature of the charges against him before a guilty plea is accepted; (2) whether the requirement for a nexus between a particular administrative proceeding and a taxpayer’s conduct is necessary to save the constitutionality of a conviction under an 18 U.S.C. § 371 conspiracy to defraud the Internal Revenue Service (Klein Conspiracy) after the Supreme Court’s decision in Marinello v. United States; and (3) whether a criminal defendant is entitled to a jury trial to determine the amount of restitution under either the Sixth or Seventh Amendments to the United States Constitution.
|Date||Proceedings and Orders |
|Feb 11 2021||Petition for a writ of certiorari filed. (Response due March 19, 2021)|
|Mar 01 2021||Motion to extend the time to file a response from March 19, 2021 to April 19, 2021, submitted to The Clerk.|
|Mar 02 2021||Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.|
|Mar 19 2021||Brief amicus curiae of New York Council of Defense Lawyers filed.|
|Apr 07 2021||Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.|
|Apr 08 2021||Motion to extend the time to file a response is granted and the time is further extended to and including May 19, 2021.|
|May 19 2021||Brief of respondent United States of America in opposition filed.|
|Jun 07 2021||Reply of petitioner Scott Phillip Flynn filed. (Distributed)|
|Jun 08 2021||DISTRIBUTED for Conference of 6/24/2021.|
A surprising stat at this point in the term: Both Kagan and Breyer have been in the majority slightly more often than Alito.
Kavanaugh continues to have the highest rate (as he has for most of the term). Sotomayor has the lowest.
Still 15 cases left. So this could all change.
The first two pieces in our symposium on yesterday's decision in Fulton v. Philadelphia are up. First, @JimOleske dissects the decision in light of the court's shadow-docket ruling in Tandon v. Newsom, which took a very different approach to free exercise.
Fulton quiets Tandon’s thunder: A free exercise puzzle - SCOTUSblog
This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. ...
Number of pages written by each justice in the five decisions handed down this week (majority opinions, concurrences, and dissents all included):
While today's decision in Fulton v. Philadelphia is a win for a Catholic group seeking to participate in the city's foster program, it stops short of the broad endorsement of religious freedom the challengers had hoped for. Here's @AHoweBlogger's analysis:
Court holds that city’s refusal to make referrals to faith-based agency violates Constitution - SCOTUSblog
In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday...
Now do we say that Sonia Sotomayor and the other liberals supported child slavery by all voting for Nestle today? Of course not. And Nestle’s lawyers like @Neal_katyal obviously don’t either. The cheap attacks on the court and thoughtful lawyers did not age well. -tg
The claim @nealkatyal was defending slavery is flat wrong & libelous. Here is what he actually said, which is the reverse: child slavery is abhorrent, criminal, horrific. Remember in a pending case he can't comment, so read what he really said in full.
Tired from this morning's momentous opinions? Get ready to do it all again next week -- three times. The court just revealed that next Monday, Wednesday and Friday will all be opinion days.
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