United States v. Apel
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1038 | 9th Cir. | Dec 4, 2013 | Feb 26, 2014 | 9-0 | Roberts | OT 2013 |
Holding: For purposes of 18 U.S.C. § 1382, which makes it a crime to re-enter a "military installation" after having been ordered not to do so, a portion of an Air Force base that contains a designated protest area and an easement for a public road qualifies as a "military installation."
Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 26, 2014. Justice Ginsburg filed a concurring opinion in which Justice Sotomayor joined. Justice Alito also filed a concurring opinion.
SCOTUSblog Coverage
- Opinion analysis: Setting military boundaries (Lyle Denniston, February 26, 2014)
- Argument recap: Skirting a constitutional issue (Lyle Denniston, December 4, 2013)
- Argument preview: War protests and the military (Lyle Denniston, December 3, 2013)
| Date | Proceedings and Orders |
|---|---|
| 12/13/2012 | Application (12A610) to extend the time to file a petition for a writ of certiorari from December 26, 2012 to January 25, 2013, submitted to Justice Kennedy. |
| 12/19/2012 | Application (12A610) granted by Justice Kennedy extending the time to file until January 25, 2013. |
| 01/14/2013 | Application (12A610) to extend further the time to file a petition for a writ of certiorari from January 25, 2013 to February 24, 2013, submitted to Justice Kennedy. |
| 01/16/2013 | Application (12A610) granted by Justice Kennedy extending the time to file until February 24, 2013. |
| 02/22/2013 | Petition for a writ of certiorari filed. (Response due March 25, 2013) |
| 03/18/2013 | Waiver of right of respondent John Dennis Apel to respond filed. |
| 03/27/2013 | DISTRIBUTED for Conference of April 12, 2013. |
| 03/29/2013 | Response Requested . (Due April 29, 2013) |
| 04/29/2013 | Brief of respondent John Dennis Apel in opposition filed. |
| 05/09/2013 | Reply of petitioner United States filed. |
| 05/14/2013 | DISTRIBUTED for Conference of May 30, 2013. |
| 06/03/2013 | Petition GRANTED. |
| 07/03/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2013. |
| 07/03/2013 | The time to file respondent's brief on the merits is extended to and including September 9, 2013. |
| 07/16/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 07/22/2013 | The time to file the joint appendix and petitioner's brief on the merits is further extended to and including August 16, 2013. |
| 07/22/2013 | The time to file respondent's brief on the merits is further extended to and including October 21, 2013. |
| 07/23/2013 | Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondent. |
| 08/16/2013 | Joint appendix filed. |
| 08/16/2013 | Brief of petitioner United States filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Wednesday December 4, 2013 |
| 09/17/2013 | CIRCULATED |
| 09/18/2013 | Record from U.S.C.A. for 9th Circuit is electronic and located on PACER. |
| 09/18/2013 | Record from U.S.D.C. for Central District of California is electronic and located on PACER. |
| 10/21/2013 | Brief of respondent John Dennis Apel filed. (Distributed) |
| 10/28/2013 | Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. (Distributed) |
| 10/28/2013 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 10/28/2013 | Brief amicus curiae of Ground Zero Center for Nonviolent Action filed. (Distributed) |
| 10/28/2013 | Brief amicus curiae of Nuclear Age Peace Foundation filed. (Distributed) |
| 10/28/2013 | Brief amicus curiae of Rutherford Institute filed. (Distributed) |
| 11/20/2013 | Reply of petitioner United States filed. (Distributed) |
| 12/04/2013 | Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Erwin Chemerinsky, Irvine, Cal. |
| 02/26/2014 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, in which Sotomayor, J., joined. Alito, J., filed a concurring opinion. |
| 03/31/2014 | JUDGMENT ISSUED. |
Issue: Whether 18 U.S.C. § 1382, which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, may be enforced on a portion of a military installation that is subject to a public roadway easement.