|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-464||11th Cir.||Oct 16, 2013||Feb 25, 2014||6-3||Kagan||OT 2013|
Holding: When challenging the legality of a pre-trial asset seizure under 21 U.S.C. § 853(e)(1), a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury’s determination of probable cause to believe that he committed the crimes charged.
Judgment: Affirmed and remanded, 6-3, in an opinion by Justice Kagan on February 25, 2014. Chief Justice Roberts filed a dissenting opinion in which Justice Breyer and Justice Sotomayor joined.
|Date||Proceedings and Orders |
|Oct 11 2012||Petition for a writ of certiorari filed. (Response due November 14, 2012)|
|Nov 6 2012||Order extending time to file response to petition to and including December 14, 2012.|
|Nov 14 2012||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Dec 5 2012||Order further extending time to file response to petition to and including January 14, 2013.|
|Jan 7 2013||Order further extending time to file response to petition to and including February 13, 2013.|
|Feb 13 2013||Brief of respondent United States filed.|
|Feb 27 2013||DISTRIBUTED for Conference of March 15, 2013.|
|Mar 18 2013||Petition GRANTED.|
|Apr 3 2013||The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 21, 2013.|
|Jun 13 2013||The time to file the joint appendix and petitioners' brief on the merits is further extended to and including July 1, 2013.|
|Jun 13 2013||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.|
|Jul 1 2013||Brief amicus curiae of Cato Institute filed.|
|Jul 1 2013||Brief of petitioners Kerri L. Kaley, et vir filed.|
|Jul 1 2013||Joint appendix filed. (Statement of costs filed.)|
|Jul 3 2013||Brief amicus curiae of California Attorneys for Criminal Justice filed.|
|Jul 5 2013||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jul 8 2013||Brief amicus curiae of American Bar Association filed.|
|Jul 8 2013||Brief amici curiae of Gun Owners Foundation, et al. filed.|
|Jul 8 2013||Brief amicus curiae of Institute for Justice filed.|
|Jul 8 2013||Brief amicus curiae of Florida Association of Criminal Defense Lawyers filed.|
|Jul 8 2013||Brief amicus curiae of New York Council of Defense Lawyers filed.|
|Jul 10 2013||The time to file respondent's brief on the merits is extended to and including August 30, 2013.|
|Jul 22 2013||CIRCULATED.|
|Jul 23 2013||SET FOR ARGUMENT on Wednesday, October 16, 2013.|
|Aug 16 2013||Record Received from U.S.C.A. for 11th Circuit (1 envelope)|
|Aug 22 2013||Record received from the U.S.D.C. of Florida (1 Box)|
|Aug 30 2013||Brief of respondent United States filed. (Distributed)|
|Sep 30 2013||Reply of petitioner Kerri L. Kaley, et vir filed. (Distributed)|
|Oct 16 2013||Argued. For petitioner: Howard Srebnick, Miami, Fla. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.|
|Feb 25 2014||Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, and Alito, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined.|
|Mar 31 2014||JUDGMENT ISSUED.|
|Mar 31 2014||Record Received from U.S.C.A. for 11th Circuit has been returned.|
|Mar 31 2014||Record received from United States District Court Southern District of Florida has been returned.|
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
The Supreme Court has rescinded its COVID-related orders related to filing, but no word on resuming in-person oral arguments in October.
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