Gundy v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-6086 | 2d Cir. | Oct 2, 2018 | 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
- Justices issue more orders from November 22 conference (Amy Howe, November 25, 2019)
- Relist Watch (John Elwood, November 19, 2019)
- Relist Watch (John Elwood, November 14, 2019)
- Relist Watch (John Elwood, November 6, 2019)
- Relist Watch (John Elwood, October 29, 2019)
- The return of Relist Watch Select (John Elwood, October 17, 2019)
- Relist Watch (John Elwood, October 9, 2019)
- Opinion analysis: Court refuses to resurrect nondelegation doctrine (Mila Sohoni, June 21, 2019)
- A "view" from the courtroom: "Quite prolific in our writing" (Mark Walsh, June 20, 2019)
- The final three weeks of October term 2018 (SCOTUStalk, June 10, 2019)
- First Mondays, OT2018 #4: "This Is About Frogs" (First Mondays, October 22, 2018)
- Argument analysis: Justices grapple with nondelegation challenge (Mila Sohoni, October 3, 2018)
- OT2018 #1: "Rearranging Deck Chairs" (First Mondays, October 1, 2018)
- Argument preview: Justices face nondelegation challenge to federal sex-offender registration law (Mila Sohoni, September 25, 2018)
- OT2018 #0: "Looks A Lot Like Grift" (First Mondays, September 24, 2018)
- Justices grant review in two new cases (Amy Howe, March 5, 2018)
| Date | Proceedings and Orders |
|---|---|
| 09/20/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017) |
| 09/29/2017 | Waiver of right of respondents United States to respond filed. |
| 10/05/2017 | DISTRIBUTED for Conference of 10/27/2017. |
| 10/17/2017 | Response Requested. (Due November 16, 2017) |
| 11/09/2017 | Order extending time to file response to petition to and including December 18, 2017. |
| 12/18/2017 | Brief of respondent United States in opposition filed. |
| 01/04/2018 | DISTRIBUTED for Conference of 1/19/2018. |
| 01/16/2018 | Rescheduled. |
| 02/05/2018 | DISTRIBUTED for Conference of 2/16/2018. |
| 02/20/2018 | DISTRIBUTED for Conference of 2/23/2018. |
| 02/26/2018 | DISTRIBUTED for Conference of 3/2/2018. |
| 03/05/2018 | Motion 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. |
| 03/13/2018 | Motion for an extension of time filed. |
| 03/14/2018 | Motion 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. |
| 05/24/2018 | Brief amici curiae of Cato Institute & Cause of Action Institute filed. |
| 05/25/2018 | Joint appendix filed. (Statement of costs filed) |
| 05/25/2018 | Brief of petitioner Herman Gundy filed. |
| 05/30/2018 | Brief amicus curiae of The National Association of Federal Defenders filed. |
| 05/30/2018 | Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed. |
| 05/31/2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 06/01/2018 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 06/01/2018 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| 06/01/2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 06/01/2018 | Brief amici curiae of Downsize DC Foundation, et al. filed. |
| 06/01/2018 | Brief amicus curiae of Institute for Justice filed. |
| 06/01/2018 | Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed. |
| 06/01/2018 | Brief amicus curiae of American Civil Liberties Union filed. |
| 06/01/2018 | Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed. |
| 06/01/2018 | Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018) |
| 06/01/2018 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| 07/09/2018 | SET FOR ARGUMENT On Tuesday, October 2, 2018 |
| 08/02/2018 | Brief of respondent United States filed. (Distributed) |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 2nd Circuit. |
| 08/08/2018 | Record received from the U.S.C.A. 2nd Circuit. The record is electronic. |
| 09/04/2018 | Reply of petitioner Herman Gundy filed. (Distributed) |
| 10/02/2018 | Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 06/20/2019 | Adjudged 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. |
| 07/11/2019 | Petition for Rehearing filed. |
| 07/11/2019 | DISTRIBUTED. |
| 08/05/2019 | Rescheduled. |
| 08/07/2019 | DISTRIBUTED for Conference of 10/1/2019. |
| 10/07/2019 | DISTRIBUTED for Conference of 10/11/2019. |
| 10/15/2019 | DISTRIBUTED for Conference of 10/18/2019. |
| 10/28/2019 | DISTRIBUTED for Conference of 11/1/2019. |
| 11/04/2019 | DISTRIBUTED for Conference of 11/8/2019. |
| 11/12/2019 | DISTRIBUTED for Conference of 11/15/2019. |
| 11/18/2019 | DISTRIBUTED for Conference of 11/22/2019. |
| 11/25/2019 | Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. |
| 11/26/2019 | JUDGMENT ISSUED. |