|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-1144||2nd Cir.||Dec 6, 2017||Mar 21, 2018||7-2||Breyer||OT 2017|
Holding: To convict a defendant under 26 U. S. C. §7212(a) -- which forbids “corruptly or by force or threats of force . . . obstruct[ing] or imped[ing], or endeavor[ing] to obstruct or impede, the due administration of [the Internal Revenue Code]” -- the federal government must prove the defendant was aware of a pending tax-related proceeding, such as a particular investigation or audit, or could reasonably foresee that such a proceeding would commence.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on March 21, 2018. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
|Date||Proceedings and Orders |
|Mar 21 2017||Petition for a writ of certiorari filed. (Response due April 21, 2017)|
|Apr 12 2017||Order extending time to file response to petition to and including May 22, 2017.|
|Apr 21 2017||Brief amicus curiae of The American College of Tax Counsel filed.|
|Apr 21 2017||Brief amici curiae of Cause of Action Institute, at el. filed.|
|May 22 2017||Brief of respondent United States in opposition filed.|
|May 25 2017||Letter of May 25, 2017, with supplemental authority from the Acting Solicitor General received.|
|Jun 05 2017||Reply of petitioner Carl J. Marinello, II filed.|
|Jun 06 2017||DISTRIBUTED for Conference of June 22, 2017.|
|Jun 26 2017||DISTRIBUTED for Conference of June 26, 2017.|
|Jun 27 2017||Petition GRANTED.|
|Aug 03 2017||The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2017.|
|Aug 03 2017||The time to file respondent's brief on the merits is extended to and including October 23, 2017.|
|Aug 23 2017||Motion to dispense with printing the joint appendix filed by petitioner Carl J. Marinello, II.|
|Sep 01 2017||Brief of petitioner Carl J. Marinello, II filed.|
|Sep 08 2017||Brief amicus curiae of American College of Tax Counsel filed.|
|Sep 08 2017||Brief amicus curiae of New York Council of Defense Lawyers filed.|
|Sep 08 2017||Brief amici curiae of Cause of Action Institute and National Association of Criminal Defense Lawyers filed.|
|Sep 08 2017||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Sep 25 2017||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Oct 06 2017||SET FOR ARGUMENT ON Tuesday, December 5, 2017|
|Oct 18 2017||Record requested from the U.S.C.A. 2nd Circuit.|
|Oct 19 2017||Record received from the U.S.C.A. is electronic.|
|Oct 20 2017||CIRCULATED|
|Oct 23 2017||Brief of respondent United States filed. (Distributed)|
|Nov 15 2017||This case is removed from the oral argument calendar for Tuesday, December 5, 2017, and has been SET FOR ARGUMENT ON Wednesday, December 6, 2017.|
|Nov 22 2017||Reply of petitioner Carl J. Marinello, II filed. (Distributed)|
|Dec 06 2017||Argued. For petitioner: Matthew S. Hellman, Washington, D. C. For respondent: Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Mar 21 2018||Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.|
|Apr 23 2018||JUDGMENT ISSUED.|
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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