|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 of United States of America for an extension of time submitted.|
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a
The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.
#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf
In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:
Tennessee asks court to restore waiting period for abortions - SCOTUSblog
Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...
BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf
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