|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-702||5th Cir.||Oct 10, 2012||Apr 23, 2013||7-2||Sotomayor||OT 2012|
Disclosure: Goldstein & Russell, P.C. represents the petitioner in this case.
Holding: If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the Immigration and Nationality Act.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on April 23, 2013. Justice Thomas and Justice Alito filed dissenting opinions.
|Date||Proceedings and Orders |
|Dec 7 2011||Petition for a writ of certiorari filed. (Response due January 9, 2012)|
|Jan 5 2012||Order extending time to file response to petition to and including February 8, 2012.|
|Feb 2 2012||Order further extending time to file response to petition to and including March 9, 2012.|
|Mar 9 2012||Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.|
|Mar 13 2012||Reply of petitioner Adrian Moncrieffe filed. (Distributed)|
|Mar 14 2012||DISTRIBUTED for Conference of March 30, 2012.|
|Apr 2 2012||Petition GRANTED.|
|Apr 23 2012||The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 21, 2012.|
|Apr 23 2012||The time to file respondent's brief on the merits is extended to and including August 29, 2012.|
|Jun 8 2012||Motion to dispense with printing the joint appendix filed by petitioner Adrian Moncrieffe.|
|Jun 11 2012||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|Jun 18 2012||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Jun 19 2012||The time to file the joint appendix and petitioner's brief on the merits is further extended to and including June 22, 2012.|
|Jun 19 2012||The time to file respondent's brief on the merits is further extended to and including August 31, 2012.|
|Jun 19 2012||Counsel for the petitioner will file the reply brief on the merits on or before September 21, 2012.|
|Jun 22 2012||Brief of petitioner Adrian Moncrieffe filed.|
|Jun 28 2012||Brief amici curiae of Immigration Law Professors filed.|
|Jun 29 2012||Brief amicus curiae of Human Rights First filed.|
|Jun 29 2012||Brief amicus curiae of Center on the Administration of Criminal Law, New York University School of Law filed.|
|Jun 29 2012||Brief amici curiae of National Immigrant Justice Center, et al. filed.|
|Jul 23 2012||SET FOR ARGUMENT ON Wednesday, October 10, 2012|
|Jul 24 2012||CIRCULATED.|
|Aug 1 2012||Record received from U.S.C.A. for 5th Circuit. (1 envelope)|
|Aug 23 2012||Adminsitrative Record from Board of Immigration Appeals is electronic.|
|Aug 31 2012||Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)|
|Sep 21 2012||Reply of petitioner Adrian Moncrieffe filed. (Distributed)|
|Oct 10 2012||Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For respondent: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Apr 23 2013||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Thomas, J., and Alito, J., filed dissenting opinions.|
|May 28 2013||JUDGMENT ISSUED.|
|Jun 3 2013||Record returned to U.S.Court of Appeals for 5th 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).