Schock v. United States

Petition for certiorari denied on February 19, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-406 7th Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether a member of the Legislative Branch may immediately appeal from the denial of his motion to dismiss an indictment on the ground that it violates the separation of powers protected by the Constitution’s rulemaking clause; (2) whether such a claim is immediately appealable by virtue of the collateral order doctrine where it invokes a claim of non-justiciability and separation of powers immunity and as a result cannot be redressed after a trial; (3) whether there is a pendant appellate jurisdiction doctrine to hear such a claim because of its relationship with an immediately appealable speech or debate clause claim, or whether that doctrine is categorically unavailable in criminal cases; and (4) whether the speech and debate clause provides a legislator with immunity from criminal charges that are founded in part on the content of internal House of Representatives communications concerning the interpretation, application or administration of Rules of the Proceedings.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 17 2018Application (18A194) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Kagan.
Aug 21 2018Application (18A194) granted by Justice Kagan extending the time to file until September 27, 2018.
Sep 27 2018Petition for a writ of certiorari filed. (Response due October 31, 2018)
Oct 24 2018Motion to extend the time to file a response from October 31, 2018 to November 30, 2018, submitted to The Clerk.
Oct 25 2018Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
Oct 30 2018Brief amici curiae of Former General Counsels of the U.S. House of Representatives filed.
Nov 13 2018Motion to extend the time to file a response from November 30, 2018 to December 5, 2018, submitted to The Clerk.
Nov 14 2018Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
Dec 04 2018Brief of respondent United States in opposition filed.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Dec 20 2018Reply of petitioner Aaron J. Schock filed. (Distributed)
Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
 
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