Maracich v. Spears
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-25 | 4th Cir. | Jan 9, 2013 | Jun 17, 2013 | 5-4 | Kennedy | OT 2012 |
Holding: An attorney"s solicitation of clients is not a permissible purpose covered by the "litigation exception" to the federal Driver's Privacy Protection Act.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 17, 2013. Justice Ginsburg filed a dissenting opinion, in which Justice Scalia, Justice Sotomayor, and Justice Kagan joined.
SCOTUSblog Coverage
- Details: Maracich v. Spears (Kevin Russell, June 17, 2013)
- Opinion analysis: Turns out, turnabout is fair play (Kevin Russell, June 17, 2013)
- Argument recap: Looking for a line south of trolling for clients (Kevin Russell, January 11, 2013)
- Argument preview: Is turnabout fair play under the Driver's Privacy Protection Act? (Kevin Russell, January 3, 2013)
- Six new grants, redistricting ruling (Lyle Denniston, September 25, 2012)
- Petition of the day (Ben Cheng, September 7, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/02/2012 | Petition for a writ of certiorari filed. (Response due August 6, 2012) |
| 08/06/2012 | Brief of respondent Michael Eugene Spears, et al. in opposition filed. |
| 08/20/2012 | Reply of petitioner Edward F. Maracich, et al. filed. |
| 08/22/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 09/25/2012 | Petition GRANTED. |
| 10/31/2012 | SET FOR ARGUMENT ON Wednesday, January 9, 2013. |
| 11/09/2012 | Joint appendix filed. (Statement of costs filed.) |
| 11/09/2012 | Brief of petitioners Edward F. Maracich, et al. filed. |
| 11/13/2012 | Record received from U.S.C.A. for 4th Circuit. (1 box) |
| 11/16/2012 | CIRCULATED. |
| 11/16/2012 | Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed) |
| 11/28/2012 | Record from U.S.D.C. for the District of South Carolina is electronic. |
| 12/10/2012 | Brief of respondents Michael Eugene Spears, et al. filed. (Distributed) |
| 01/02/2013 | Reply of petitioners Edward F. Maracich, et al. filed. (Distributed) |
| 01/09/2013 | Argued. For petitioners: Joseph R. Guerra, Washington, D. C. For respondents: Paul D. Clement, Washington, D. C. |
| 06/17/2013 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Scalia, Sotomayor, and Kagan, JJ., joined. |
| 07/19/2013 | JUDGMENT ISSUED |
| 07/29/2013 | Record returned to U.S. C.A. for 4th Circuit. |
Holding: An attorney”s solicitation of clients is not a permissible purpose covered by the “litigation exception” to the federal Driver’s Privacy Protection Act.
Judgment:”Vacated and remanded, 5-4, in an opinion by Justice Kennedy on June 17, 2013. Justice Ginsburg filed a dissenting opinion, in which Justice Scalia, Justice Sotomayor, and Justice Kagan joined.