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Missouri v. McNeely

Docket No.11-1425
Op. BelowMo.
ArgumentJan 9, 2013
Vote5-4
AuthorSonia Sotomayor
OpinionApr 17, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.

Judgment

Affirmed, 5-4, in an opinion by Sonia Sotomayor on Apr 17, 2013. Justice Sotomayor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Kagan joined, and an opinion with respect to Parts II-C and III, in which Justice Scalia, Justice Ginsburg and Justice Kagan joined. Justice Kennedy filed an opinion concurring in part. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justice Breyer and Justice Alito joined. Justice Thomas filed a dissenting opinion.

Holding: In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.

Judgment:”Affirmed, 5-4, in an opinion by Justice Sotomayor on April 17, 2013. Justice Sotomayor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Kagan joined, and an opinion with respect to Parts II-C and III, in which Justice Scalia, Justice Ginsburg and Justice Kagan joined. Justice Kennedy filed an opinion concurring in part. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justice Breyer and Justice Alito joined. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

May 22, 2012
Petition for a writ of certiorari filed. (Response due June 25, 2012)
Jun 8, 2012
Order extending time to file response to petition to and including July 25, 2012.
Jul 25, 2012
Brief of respondent Tyler G. McNeely in opposition filed.
Aug 8, 2012
DISTRIBUTED for Conference of September 24, 2012.
Aug 14, 2012
Reply of petitioner Missouri filed. (Distributed)
Sep 25, 2012
Petition GRANTED.
Oct 31, 2012
SET FOR ARGUMENT ON Wednesday, January 9, 2013
Nov 5, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 9, 2012
Joint appendix filed. (Statement of costs received)
Nov 9, 2012
Brief of petitioner Missouri filed.
Nov 13, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 16, 2012
CIRCULATED.
Nov 16, 2012
Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)Nov 16, 2012
Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed)Nov 16, 2012
Brief amici curiae of Delaware, et al. filed. (Distributed)Nov 16, 2012
Brief amicus curiae of the United States filed. (Distributed)Dec 10, 2012
Brief of respondent Tyler G. McNeely filed. (Distributed)
Dec 10, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 14, 2012
Brief amicus curiae of Rutherford Institute filed. (Distributed)Dec 17, 2012
Brief amici curiae of Law Professors filed. (Distributed)Dec 17, 2012
Brief amici curiae of National College for DUI Defense, et al. filed. (Distributed)
Dec 20, 2012
Record received from The Supreme Court State of Missouri. (1 Box)
Jan 2, 2013
Reply of petitioner Missouri filed. (Distributed)
Jan 4, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 9, 2013
Argued. For petitioner: John N. Koester, Jr., Assistant Prosecuting Attorney, Jackson, Mo.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Steven R. Shapiro, New York, N. Y.
Apr 17, 2013
Adjudged to be AFFIRMED. Sotomayor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Scalia, Kennedy, Ginsburg, and Kagan, JJ., joined, and an opinion with respect to Parts II-C and III, in which Scalia, Ginsburg, and Kagan, JJ., joined. Kennedy, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Breyer and Alito, JJ., joined. Thomas, J., filed a dissenting opinion.
May 20, 2013
MANDATE ISSUED.
Jul 5, 2013
Record returned to Supreme Court of Missouri.

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