|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.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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