|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|20-444||4th Cir.||Apr 20, 2021||Jun 14, 2021||8-1||Kavanaugh||OT 2020|
Holding: In felon-in-possession cases under 18 U.S.C. § 922(g)(1), an error under Rehaif v. United States is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon.
Judgment: Reversed, 8-1, in an opinion by Justice Kavanaugh on June 14, 2021. Justice Sotomayor filed an opinion concurring in part and dissenting in part.
|Date||Proceedings and Orders |
|Oct 05 2020||Petition for a writ of certiorari filed. (Response due November 6, 2020)|
|Oct 13 2020||Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.|
|Oct 14 2020||Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.|
|Dec 08 2020||Brief of respondent Michael Andrew Gary in opposition filed.|
|Dec 08 2020||Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.|
|Dec 23 2020||DISTRIBUTED for Conference of 1/8/2021.|
|Dec 23 2020||Reply of petitioner United States filed. (Distributed)|
|Jan 08 2021||Motion for leave to proceed in forma pauperis filed by respondent GRANTED.|
|Jan 08 2021||Petition GRANTED.|
|Jan 12 2021||Motion to appoint counsel filed by respondent Michael Andrew Gary.|
|Jan 20 2021||Motion DISTRIBUTED for Conference of 2/19/2021.|
|Feb 16 2021||Brief of petitioner United States filed.|
|Feb 16 2021||Joint appendix filed. (Statement of costs filed 5/12/21).|
|Feb 16 2021||Motion to file Volume II of the joint appendix under seal filed by petitioner United States.|
|Feb 22 2021||Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.|
|Feb 22 2021||Blanket Consent filed by Respondent, Michael Andrew Gary|
|Mar 12 2021||SET FOR ARGUMENT on Tuesday, April 20, 2021.|
|Mar 15 2021||Record requested.|
|Mar 17 2021||Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.|
|Mar 18 2021||Brief of respondent Michael Andrew Gary filed.|
|Mar 25 2021||The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.|
|Mar 25 2021||Brief amicus curiae of Stuart Banner filed.|
|Mar 25 2021||Brief amicus curiae of National Association of Federal Defenders filed.|
|Mar 25 2021||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Mar 25 2021||Brief amici curiae of Former United States District Court Judges filed.|
|Mar 25 2021||Brief amicus curiae of Cato Institute filed.|
|Mar 29 2021||Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.|
|Mar 30 2021||CIRCULATED|
|Apr 09 2021||Reply of petitioner United States filed. (Distributed)|
|Apr 20 2021||Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)|
|Jun 14 2021||Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Gorsuch and Barrett, JJ., joined. Justice Sotomayor, concurring as to No. 19-8709, and concurring in part, dissenting in part, and dissenting from the judgment as to No. 20-444. (Opinion together with No. 19-8709). VIDED.|
|Jul 16 2021||JUDGMENT ISSUED.|
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
First up, a piece from @stevenmazie on how to reform oral arguments after the pandemic.
The court after COVID: A recipe for oral argument reform - SCOTUSblog
The Supreme Court has not yet announced whether it will return to normal operations when the 2021-22 term begins ...
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
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