|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-316||10th Cir||Apr 1, 2014||Jun 23, 2014||9-0||Kagan||OT 2013|
Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.
Holding: A conviction under 18 U.S.C. § 1344(2), which makes it a crime to "knowing execut[e] a scheme … to obtain " property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a financial institution.
Judgment: Affirmed on June 23, 2014. Justices Scalia and Thomas join the opinion as to Parts I and II, Part III-A except the last paragraph, an the last footnote of Part III-B. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgement.
|Date||Proceedings and Orders |
|Sep 9 2013||Petition for a writ of certiorari filed. (Response due October 11, 2013)|
|Oct 1 2013||Order extending time to file response to petition to and including November 12, 2013.|
|Nov 15 2013||Order further extending time to file response to petition to and including November 18, 2013.|
|Nov 18 2013||Brief of respondent United States in opposition filed.|
|Nov 25 2013||Reply of petitioner Kevin Loughrin filed.|
|Nov 26 2013||DISTRIBUTED for Conference of December 13, 2013.|
|Dec 13 2013||Petition GRANTED.|
|Jan 8 2014||SET FOR ARGUMENT ON Tuesday, April 1, 2014|
|Jan 14 2014||Record received from U.S.C.A. 10th Circuit, part of the record is electronic and located on PACER. The other part of the record received in one envelope is SEALED.|
|Jan 27 2014||Joint appendix filed.|
|Jan 27 2014||Brief of petitioner Kevin Loughrin filed.|
|Feb 3 2014||CIRCULATED.|
|Feb 3 2014||Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)|
|Feb 26 2014||Brief of respondent United States filed. (Distributed)|
|Mar 18 2014||Reply of petitioner Kevin Loughrin filed. (Distributed)|
|Apr 1 2014||Argued. For petitioner: Kevin K. Russell, Washington, D. C. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 23 2014||Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II, Part III-A except the last paragraph, and the last footnote of Part III-B. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.|
|Jul 25 2014||JUDGMENT ISSUED.|
|Jul 29 2014||Record returned for U.S.C.A. for 10th Circuit.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).