Voisine v. United States

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Voisine v. United States

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

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Conference of June 13, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-10154	1st Cir.	Feb 29, 2016 Tr.Aud.	Jun 27, 2016	6-2	Kagan	OT 2015

Holding: A reckless domestic assault qualifies as a "misdemeanor crime of domestic violence" that prohibits firearms possession by convicted felons under 18 U.S.C. § 922(g)(9).

Judgment: Affirmed, 6-2, in an opinion by Justice Kagan on June 27, 2016. Justice Thomas filed a dissenting opinion, in which Justice Sotomayor joined as to Parts I and II.

Opinion analysis: Federal “use of force” encompasses reckless domestic violence misdemeanor offenses (Rory Little)
A “view” from the Courtroom: A final bite at the apple (Mark Walsh)
Argument analysis: An unremarkable gun case may be harbinger of things to come (Rory Little)
Argument preview: Another arcane case in which Justice Scalia will be missed (Rory Little)
Court grants review in firearm-possession case (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Jun 4 2015	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2015)
Jul 1 2015	Order extending time to file response to petition to and including August 10, 2015.
Aug 3 2015	Order further extending time to file response to petition to and including September 9, 2015.
Sep 9 2015	Brief of respondent United States in opposition filed.
Sep 14 2015	Reply of petitioners Stephen L. Voisine and William E. Armstrong, III filed.
Sep 24 2015	DISTRIBUTED for Conference of October 9, 2015.
Oct 13 2015	DISTRIBUTED for Conference of October 16, 2015.
Oct 26 2015	DISTRIBUTED for Conference of October 30, 2015.
Oct 30 2015	Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Nov 18 2015	Motion to appoint counsel filed by petitioners Stephen L. Voisine and William E. Armstrong, III.
Dec 2 2015	Motion DISTRIBUTED for Conference of January 8, 2016.
Dec 11 2015	The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 17, 2015.
Dec 17 2015	Brief of petitioners Stephen L. Voisine and William E. Armstrong, III filed.
Dec 17 2015	Joint appendix filed. (Statement of costs filed.)
Dec 21 2015	Consent to the filing of amicus curiae briefs in support of either party received from counsel for petitioners Voisine and Armstrong.
Dec 23 2015	SET FOR ARGUMENT ON Monday, February 29, 2016
Dec 23 2015	Brief amici curiae of Gun Owners Foundation, et al. filed.
Jan 4 2016	Record requested from the U.S.C.A. 1st Circuit.
Jan 11 2016	Motion to appoint counsel filed by petitioners GRANTED, and Virginia G. Villa, Esq., of St. Croix Falls, Wisconsin, is appointed to serve as counsel for the petitioners in this case.
Jan 12 2016	Record received from the U.S D.C District of Main The record is electronic and located on PACER, with the exception of SEALED records contained in 1 envelope.
Jan 15 2016	CIRCULATED.
Jan 19 2016	Brief of respondent United States filed. (Distributed)
Jan 25 2016	Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. (Distributed)
Jan 25 2016	Brief amici curiae of Major Cities Chiefs and the International Brotherhood of Police Officers filed.
Jan 26 2016	Brief amici curiae of National Domestic Violence Hotline, et al. filed. (Distributed)
Jan 26 2016	Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
Jan 26 2016	Brief amici curiae of Child Justice, Inc., et al. filed. (Distributed)
Jan 26 2016	Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed. (Distributed)
Jan 26 2016	Brief amici curiae of Domestic Violence Legal Empowerment and Appeals Project, et al. filed. (Distributed)
Feb 18 2016	Reply of petitioners Stephen L. Voisine and William E. Armstrong, III filed. (Distributed)
Feb 29 2016	Argued. For petitioners: Virginia G. Villa, St. Croix Falls, Wis. (Appointed by this Court.) For respondent: Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 27 2016	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Sotomayor, J., joined as to Parts I and II.
Jul 26 2016	Records from U.S.D.C. Dist. of Maine has been returned.
Jul 29 2016	JUDGMENT ISSUED

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Interim Stat Pack for October Term 2018 – Adam Feldman

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The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
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Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

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6
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10
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13
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17
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