|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-895||10th Cir.||Nov 12, 2013||Mar 5, 2014||7-2||Kagan||OT 2013|
Holding: For purposes of “aiding and abetting” liability under 18 U.S.C. § 924(c), which prohibits “us[ing] or carr[ying] a firearm “during and in relation to any crime of violence or drug trafficking crime,” the government must show that the defendant actively participated in the underlying drug trafficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime’s commission. The Court vacated the decision below and remanded the case because the trial court failed to instruct the jury that the defendant must have “advance knowledge” – that is, knowledge sufficiently in advance to have some “realistic opportunity to quit the crime” – that the gun would be used or carried.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kagan on March 5, 2014. Justice Scalia joined the opinion in all but footnotes 7 and 8. Justice Alito filed an opinion concurring in part and dissenting in part, in which Justice Thomas joined.
|Date||Proceedings and Orders |
|Nov 30 2012||Application (12A563) to extend the time to file a petition for a writ of certiorari from December 17, 2012 to January 16, 2013, submitted to Justice Sotomayor.|
|Dec 4 2012||Application (12A563) granted by Justice Sotomayor extending the time to file until January 16, 2013.|
|Jan 16 2013||Petition for a writ of certiorari filed. (Response due February 21, 2013)|
|Feb 13 2013||Order extending time to file response to petition to and including March 25, 2013.|
|Mar 12 2013||Order further extending time to file response to petition to and including April 24, 2013.|
|Apr 24 2013||Brief of respondent United States in opposition filed.|
|May 7 2013||DISTRIBUTED for Conference of May 23, 2013.|
|May 7 2013||Reply of petitioner Justus C. Rosemond filed. (Distributed)|
|May 28 2013||Petition GRANTED.|
|Jun 13 2013||The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 2, 2013.|
|Jun 13 2013||The time to file respondent's brief on the merits is extended to and including September 23, 2013.|
|Aug 2 2013||Joint appendix filed. (Statement of costs filed)|
|Aug 2 2013||Brief of petitioner Justus C. Rosemond filed.|
|Aug 2 2013||Motion to file Volume II of the joint appendix under seal filed by petitioner Justus C. Rosemond.|
|Aug 9 2013||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Aug 9 2013||Brief amici curiae of Gun Owners Foundation, et al. filed.|
|Aug 14 2013||Motion DISTRIBUTED for Conference of September 30, 2013.|
|Aug 19 2013||CIRCULATED.|
|Aug 20 2013||SET FOR ARGUMENT on Tuesday, November 12, 2013.|
|Sep 6 2013||Record received from United States Court of Appeals for the Tenth Circuit (1-box). There is a sealed document included in this record.|
|Sep 11 2013||Records received from USDC for the District of Utah electronically filed (Not PACER), which includes sealed documents. (3-files)|
|Sep 23 2013||Brief of respondent United States filed. (Distributed)|
|Oct 7 2013||Motion to file Volume II of the joint appendix under seal GRANTED.|
|Oct 22 2013||Reply of petitioner Justus C. Rosemond filed. (Distributed)|
|Nov 12 2013||Argued. For petitioner: John P. Elwood, Washington, D. C. For respondent: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Mar 5 2014||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, and in which Scalia, J., joined in all but footnotes 7 and 8. Alito, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined.|
|Apr 7 2014||JUDGMENT ISSUED.|
|Apr 8 2014||Record received from United States Court of Appeals for the Tenth Circuit has been returned.|
JUST IN: The Supreme Court agrees to take up five new cases, including an appeal from a high school football coach who lost his job after he prayed on the field.
#SCOTUS will have more opinions next Thursday at 10 am.
A workplace vaccine-or-test requirement that would have covered 84 million workers -- blocked. A vaccine mandate for over 10 million health care workers -- allowed to take effect.
Full analysis from @AHoweBlogger on this afternoon's rulings:
Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers - SCOTUSblog
With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Suprem...
Here's a two-minute explainer from @katieleebarlow, SCOTUSblog's TikTokker-in-residence, on the pair of vaccine decisions the court just handed down.
BREAKING: The Supreme Court BLOCKS the federal government's COVID-19 vaccine-or-test requirement for large workplaces. The court ALLOWS a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.
SCOTUS releases just one opinion today: an 8-1 decision on an arcane question of pension payments for "dual-status military technicians." The court rules in favor of the government's statutory interpretation and against the technicians. Barrett has the opinion; Gorsuch dissents.