Voisine v. United States

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Voisine v. United States

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Conference of May 16, 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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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

Ask the author: “So Long, Earl” – Andrew Hamm
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This Week at the Court
The Supreme Court released orders from the May 9 conference on Monday; the justices did not add any new cases to their merits docket for next term.
On Monday, the justices released their opinions in Apple Inc. v. Pepper, Franchise Tax Board of California v. Hyatt and Cochise Consultancy v. United States, ex rel. Hunt.
On Thursday, the justices met for their May 16 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this 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
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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30
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