|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-529||10th Cir.||Apr 18, 2017||Jun 5, 2017||9-0||Sotomayor||OT 2016|
Holding: Because disgorgement sought by the Securities and Exchange Commission operates as a penalty under 28 U.S.C. § 2462, in that it is imposed by the courts as a consequence for violating public laws and for punitive purposes, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.
Judgment: Reversed, 9-0, in an opinion by Justice Sotomayor on June 5, 2017.
|Date||Proceedings and Orders |
|Oct 18 2016||Petition for a writ of certiorari filed. (Response due November 18, 2016)|
|Nov 10 2016||Order extending time to file response to petition to and including December 19, 2016.|
|Nov 18 2016||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Dec 9 2016||Brief of respondent Securities and Exchange Commission filed.|
|Dec 15 2016||Reply of petitioner Charles R. Kokesh filed.|
|Dec 21 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED.|
|Feb 13 2017||Motion to dispense with printing the joint appendix filed by petitioner Charles R. Kokesh.|
|Feb 17 2017||SET FOR ARGUMENT ON Tuesday, April 18, 2017.|
|Feb 21 2017||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Feb 22 2017||Record requested from the U.S.C.A. 10th Circuit.|
|Feb 24 2017||Brief of petitioner Charles R. Kokesh filed.|
|Feb 27 2017||Record received from the U.S.C.A. 10th Circuit. The record is electronic and available on PACER.|
|Mar 3 2017||Brief amicus curiae of Mark Cuban filed.|
|Mar 3 2017||Brief amicus curiae of Securities Industry and Financial Markets Association filed.|
|Mar 3 2017||Brief amicus curiae of American Investment Council filed.|
|Mar 3 2017||Brief amicus curiae of Chamber of Commerce of the United States of America, and the American Petroleum Institute filed.|
|Mar 3 2017||Brief amicus curiae of The Cato Institue filed.|
|Mar 3 2017||Brief amicus curiae of Washington Legal Foundation filed.|
|Mar 3 2017||Brief amicus curiae of Donald R. Miller,Jr., in His Capacity as the Independent Executor of the Will and Estate of Charles J. Wyly,Jr. filed.|
|Mar 3 2017||Brief amicus curiae of Americans for Forfeiture Reform filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 27 2017||Brief of respondent Securities and Exchange Commission filed. (Distributed)|
|Apr 10 2017||Reply of petitioner Charles R. Kokesh filed. (Distributed)|
|Apr 18 2017||Argued. For petitioner: Adam Unikowsky, Washington, D. C. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 5 2017||Judgment REVERSED. Sotomayor, J., delivered the opinion for a unanimous Court.|
|Jul 7 2017||JUDGMENT ISSUED.|
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."