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Gundy v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
17-6086 2d Cir. - Oct 2, 2018
Tr.Aud. 		Jun 20, 2019 5-3 Kagan OT 2018

Holding: The judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.

Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on June 20, 2019. Justice Kagan announced the judgment of the Supreme Court and delivered an opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Alito filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justice Thomas joined. Justice Kavanaugh took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 20 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Sep 29 2017Waiver of right of respondents United States to respond filed.
Oct 05 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 17 2017Response Requested. (Due November 16, 2017)
Nov 09 2017Order extending time to file response to petition to and including December 18, 2017.
Dec 18 2017Brief of respondent United States in opposition filed.
Jan 04 2018DISTRIBUTED for Conference of 1/19/2018.
Jan 16 2018Rescheduled.
Feb 05 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018Motion of petitioner for leave to proceed in forma pauperis GRANTED. The petition for a writ of certiorari is GRANTED limited to Question 4 presented by the petition.
Mar 13 2018Motion for an extension of time filed.
Mar 14 2018Motion to extend the briefing schedule on the merits is granted . The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2018. The time to file respondent's brief on the merits is extended to and including August 2, 2018.
May 24 2018Brief amici curiae of Cato Institute & Cause of Action Institute filed.
May 25 2018Joint appendix filed. (Statement of costs filed)
May 25 2018Brief of petitioner Herman Gundy filed.
May 30 2018Brief amicus curiae of The National Association of Federal Defenders filed.
May 30 2018Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed.
May 31 2018Brief amicus curiae of Pacific Legal Foundation filed.
Jun 01 2018Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jun 01 2018Brief amicus curiae of New Civil Liberties Alliance filed.
Jun 01 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jun 01 2018Brief amici curiae of Downsize DC Foundation, et al. filed.
Jun 01 2018Brief amicus curiae of Institute for Justice filed.
Jun 01 2018Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed.
Jun 01 2018Brief amicus curiae of American Civil Liberties Union filed.
Jun 01 2018Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed.
Jun 01 2018Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018)
Jun 01 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Jul 09 2018SET FOR ARGUMENT On Tuesday, October 2, 2018
Aug 02 2018Brief of respondent United States filed. (Distributed)
Aug 03 2018CIRCULATED
Aug 07 2018Record requested from the U.S.C.A. 2nd Circuit.
Aug 08 2018Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Sep 04 2018Reply of petitioner Herman Gundy filed. (Distributed)
Oct 02 2018Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 20 2019Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kavanaugh, J., took no part in the consideration or decision of the case.
Jul 11 2019Petition for Rehearing filed.
Jul 11 2019DISTRIBUTED.
Aug 05 2019Rescheduled.
Aug 07 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 28 2019DISTRIBUTED for Conference of 11/1/2019.
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 18 2019DISTRIBUTED for Conference of 11/22/2019.
Nov 25 2019Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
Nov 26 2019JUDGMENT ISSUED.
 
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