|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-628||9th Cir.||Oct 5, 2016||Dec 6, 2016||8-0||Alito||OT 2016|
Holding: The U.S. Court of Appeals for the 9th Circuit properly applied the court's decision in Dirks v. Securities and Exchange Commission to affirm Bassam Salman's conviction because, under Dirks, the jury could infer that Salman's tipper personally benefited from making a gift of confidential information to a trading relative.
Judgment: Affirmed, 8-0, in an opinion by Justice Alito on December 6, 2016.
|Date||Proceedings and Orders |
|Nov 10 2015||Petition for a writ of certiorari filed. (Response due December 14, 2015)|
|Dec 14 2015||Brief of respondent United States in opposition filed.|
|Dec 21 2015||Reply of petitioner Bassam Yacoub Salman filed.|
|Dec 30 2015||DISTRIBUTED for Conference of January 15, 2016.|
|Jan 19 2016||Petition GRANTED limited to Question 1 presented by the petition.|
|Feb 09 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 6, 2016.|
|Feb 09 2016||The time to file respondent's brief on the merits is extended to and including August 1, 2016.|
|Apr 27 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.|
|May 06 2016||Joint appendix filed. (Statement of costs filed)|
|May 06 2016||Brief of petitioner Bassam Y. Salman filed.|
|May 13 2016||Brief amicus curiae of The NYU Center on the Administration of Criminal Law in support of neither party filed.|
|May 13 2016||Brief amicus curiae of Securities Industry and Financial Markets Association in support of neither party filed.|
|May 13 2016||Brief amici curiae of National Association of Criminal Defense Lawyers, and the New York Council of Defense Lawyers filed.|
|May 13 2016||Brief amicus curiae of Mark Cuban filed.|
|May 13 2016||Brief amicus curiae of Daryl M. Payton filed.|
|May 13 2016||Brief amicus curiae of Cato Institute filed.|
|Jul 13 2016||SET FOR ARGUMENT on Wednesday, October 5, 2016.|
|Jul 22 2016||Record requested from U.S.C.A. 9th Circuit.|
|Jul 23 2016||Record received from U.S.C.A. 9th Circuit is electronic and located on PACAER.|
|Jul 23 2016||Record received from U.S.D.C. of California Northern District of San Francisco is electronic. This record is SEALED.|
|Jul 28 2016||Record received from U.S.D.C. Northern District of California, this record is SEALED. 1 Box.|
|Aug 01 2016||Brief of respondent United States filed.|
|Aug 08 2016||Brief amicus curiae of Richard D. Freer filed. (Distributed)|
|Aug 08 2016||Brief amicus curiae of Occupy the SEC (OSEC) filed. (Distributed)|
|Aug 09 2016||CIRCULATED|
|Aug 31 2016||Reply of petitioner Bassam Yacoub Salman filed. (Distributed)|
|Oct 05 2016||Argued. For petitioner: Alexandra A. E. Shapiro, New York, N. Y. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.|
|Dec 06 2016||Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.|
|Jan 09 2017||JUDGMENT ISSUED.|
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).