Beylund v. Levi
Holding
The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests.
Judgment
Vacated and remanded, 7-1, in an opinion by Samuel Alito on Jun 23, 2016. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined. Justice Thomas filed a dissenting opinion.
Jun 22, 2015Petition for a writ of certiorari filed. (Response due July 23, 2015)
Jul 15, 2015Waiver of right of respondent Grant Levi, Director, North Dakota Department of Transportation to respond filed.
Jul 29, 2015DISTRIBUTED for Conference of September 28, 2015.
Aug 26, 2015Response Requested.(Due September 25, 2015)
Sep 24, 2015Brief of respondent Grant Levi, Director, North Dakota Department of Transportation in opposition filed.
Nov 17, 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 7, 2015DISTRIBUTED for Conference of December 11, 2015.
Dec 11, 2015Petition GRANTED The petitions for writs of certiorari in No. 14-1468 and No. 14-1470 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 26, 2016The time to file the joint appendix and petitioners' briefs on the merits is extended to and including February 4, 2016. VIDED
Jan 26, 2016The time to file respondents' briefs on the merits is extended to and including March 15, 2016. VIDED
Feb 4, 2016Brief of petitioner Steve Michael Beylund filed.Feb 4, 2016Motion to dispense with printing the joint appendix filed by petitioner Danny Birchfield. VIDED.
Feb 8, 2016Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED.
Feb 9, 2016Brief amicus curiae of DUI Defense Lawyers Association filed. VIDED.Feb 11, 2016Brief amici curiae of Downsize DC Foundation, et al. filed. VIDED.Feb 11, 2016Brief amicus curiae of American Civil Liberties Union filed. VIDED.Feb 11, 2016Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED.Feb 29, 2016Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED
Feb 29, 2016Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party GRANTED. VIDED
Mar 4, 2016SET FOR ARGUMENT ON Wednesday, April 20, 2016. VIDED
Mar 14, 2016Record requested from the Supreme Court of North Dakota.
Mar 15, 2016DISTRIBUTED.
Mar 15, 2016Brief of respondent Grant Levi, Director, North Dakota Department of Transportation filed. (Distributed)Mar 16, 2016Brief amicus curiae of The California District Attorneys Association filed. VIDED. (Distributed)Mar 18, 2016Record received from U.S.D.C. District of Bowman County. (1-Box)
Mar 22, 2016Brief amicus curiae of United States filed. VIDED. (Distributed)Mar 22, 2016Brief amici curiae of New Jersey and Seventeen States filed. VIDED. (Distributed)Mar 22, 2016Brief amici curiae of The Council of State Governments, et al. filed. VIDED. (Distributed)Mar 22, 2016Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Mar 22, 2016Brief amicus curiae of Mothers Against Drunk Driving filed. VIDED. (Distributed)Mar 22, 2016Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)Mar 22, 2016Brief amici curiae of The National District Attorneys Association, et al. filed. VIDED. (Distributed)Apr 4, 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent North Dakota, 10 minutes for respondent Minnesota, and 10 minutes for the Solicitor General. VIDED
Apr 13, 2016Reply of petitioner Steve Michael Beylund filed. (Distributed)Apr 20, 2016Argued. For petitioners: Charles A. Rothfeld, Washington, D. C. For respondents in Nos. 14-1468 & 14-1507: Thomas R. McCarthy, Arlington, Va. For respondent in 14-1470: Kathryn Keena, Assistant Dakota County Attorney, Hastings, Minn. For United States as amicus curiae in support of respondents: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 23, 2016Judgment in No. 14-1468 REVERSED and case REMANDED. Judgment in No. 14-1470 AFFIRMED. Judgment in No. 14-1507 VACATED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part.
Jul 25, 2016JUDGMENT ISSUED
Jul 25, 2016MANDATE ISSUED
Aug 28, 2017Record from U.S.D.C. Bowman County has been returned.
Recommended Citation: Beylund v. Levi, SCOTUSblog, https://www.scotusblog.com/cases/beylund-v-north-dakota/