Southern Union Company v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-94	1st Cir.	Mar 19, 2012 Tr.	Jun 21, 2012	6-3	Sotomayor	OT 2011

Holding: The rule established in Apprendi v. New Jersey – in which the Court held that the Sixth Amendment’s jury-trial guarantee requires that any fact (other than the fact of a prior conviction) which increases the maximum punishment authorized for a particular crime be proved to a jury beyond a reasonable doubt – applies to the imposition of criminal fines.

Judgment: Reversed, 6-3, in an opinion by Justice Sotomayor on June 21, 2012. Justice Breyer filed a dissenting opinion, which was joined by Justices Kennedy and Alito.

SCOTUSblog Coverage

• Opinion analysis: Imposition of criminal fine implicates Sixth Amendment right to jury trial (Susan F. Mandiberg)
• Argument recap: Jury determination of facts supporting fines? And restitution? And forfeiture? (Susan F. Mandiberg)
• Argument preview: Does Apprendi limit judicial fact finding relevant to the imposition of criminal fines? (Susan F. Mandiberg)

Briefs and Documents

Merits Briefs for the Petitioner

• Brief for  Southern Union Company
• Reply Brief for Southern Union Company

Amicus Briefs in Support of the Petitioner

• Brief for the Chamber of Commerce et al.

Merits Briefs for the Respondent

• Brief for the United States

Certiorari-stage documents

• Opinion below (1st Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of U.S. Chamber of Commerce and the National Association of Criminal Defense Lawyers
• Petitioner's reply