|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-309||6th Cir.||Apr 26, 2017||Jun 22, 2017||9-0||Kagan||OT 2016|
Holding: (1) The text of 18 U.S.C. § 1425(a) -- which prohibits "procur[ing], contrary to law, the naturalization of any person" -- makes clear that, to secure a conviction, the federal government must establish that the defendant's illegal act played a role in her acquisition of citizenship; (2) when the underlying illegality alleged in a Section 1425(a) prosecution is a false statement to government officials, a jury must decide whether the false statement so altered the naturalization process as to have influenced an award of citizenship; and (3) measured against this analysis, the jury instructions in this case were in error, and the government's assertion that any instructional error was harmless is left for resolution on remand.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on June 22, 2017. Justice Gorsuch filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in the judgment.
|Date||Proceedings and Orders |
|Aug 2 2016||Application (16A125) to extend the time to file a petition for a writ of certiorari from August 25, 2016 to September 26, 2016, submitted to Justice Kagan.|
|Aug 3 2016||Application (16A125) granted by Justice Kagan extending the time to file until September 26, 2016.|
|Sep 8 2016||Petition for a writ of certiorari filed. (Response due October 11, 2016)|
|Oct 11 2016||Order extending time to file response to petition to and including November 10, 2016.|
|Oct 28 2016||Order further extending time to file response to petition to and including November 23, 2016.|
|Nov 23 2016||Brief of respondent United States in opposition filed.|
|Dec 2 2016||Reply of petitioner Divna Maslenjak filed.|
|Dec 7 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 13 2017||Petition GRANTED.|
|Feb 9 2017||Consent to the filing of amicus curiae briefs in support of either party, or of neither party, from counsel for the petitioner.|
|Feb 17 2017||SET FOR ARGUMENT ON Wednesday, April 26, 2017|
|Feb 22 2017||Record requested from the U.S.C.A. 6th Circuit.|
|Feb 23 2017||Record received from the U.S.C.A. 6th Circuit. The record is electronic and available on PACER.|
|Feb 27 2017||Joint appendix filed. (Statement of costs filed.)|
|Feb 27 2017||Brief of petitioner Divna Maslenjak filed.|
|Mar 6 2017||Brief amici curiae of Immigrant Defense Project, et al. filed.|
|Mar 6 2017||Brief amici curiae of Asian Americans Advancing Justice (AAJC), et al. filed.|
|Mar 22 2017||CIRCULATED.|
|Mar 29 2017||Brief of respondent United States filed. (Distributed)|
|Apr 12 2017||Reply of petitioner Divna Maslenjak filed. (Distributed)|
|Apr 26 2017||Argued. For petitioner: Christopher Landau, Washington, D. C. For respondent: Robert A. Parker, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 22 2017||Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in the judgment.|
|Jul 24 2017||JUDGMENT ISSUED.|
Just in: New COVID procedures (including PCR tests) for lawyers in advance of the Supreme Court's return to in-person arguments next week.
With less than a week to go b/4 #SCOTUS returns to the courtroom, the Court has posted COVID-19 protocols for lawyers arguing this fall, including a new pre-argument tradition: COVID testing. Full document is here: https://www.supremecourt.gov/announcements/Fall_2021_argument_COVID_protocols.pdf
New at SCOTUS: Rick Allen Rhoades, who is set to be executed tomorrow evening in Texas, asks the justices for an emergency stay. Rhoades argues that he has been denied access to trial records that would help him investigate whether the jury selection was tainted by racial bias.
One week from today, the court will begin its new term and the justices will return to the courtroom for the first time since the pandemic hit. Time to dust off those robes and get ready for the first day. Here's our new banner, "back to school" edition, from @Courtartist.
The justices are meeting privately today for their "long conference." Thousands of cert petitions have rolled in over the summer, and the justices use today's conference to discuss which ones they should take up. Here are all the petitions we're watching:
Supreme Court Petitions - ScotusBlog
Comprehensive list of U.S. Supreme Court Petitions including issues, docket, opinions, proceedings, orders, and more.
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