For purposes of 18 U.S.C. § 1382, which makes it a crime to re-enter a "military installation" after having been ordered not to do so, a portion of an Air Force base that contains a designated protest area and an easement for a public road qualifies as a "military installation."
Judgment
Reversed and remanded, 9-0, in an opinion by John Roberts on Feb 26, 2014. Justice Ginsburg filed a concurring opinion in which Justice Sotomayor joined. Justice Alito also filed a concurring opinion.
Issue: Whether 18 U.S.C. § 1382, which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, may be enforced on a portion of a military installation that is subject to a public roadway easement.
Proceedings & orders timeline
Dec 13, 2012Application (12A610) to extend the time to file a petition for a writ of certiorari from December 26, 2012 to January 25, 2013, submitted to Justice Kennedy.
Dec 19, 2012Application (12A610) granted by Justice Kennedy extending the time to file until January 25, 2013.
Jan 14, 2013Application (12A610) to extend further the time to file a petition for a writ of certiorari from January 25, 2013 to February 24, 2013, submitted to Justice Kennedy.
Jan 16, 2013Application (12A610) granted by Justice Kennedy extending the time to file until February 24, 2013.
Feb 22, 2013Petition for a writ of certiorari filed. (Response due March 25, 2013)
Mar 18, 2013Waiver of right of respondent John Dennis Apel to respond filed.
Mar 27, 2013DISTRIBUTED for Conference of April 12, 2013.
Mar 29, 2013Response Requested . (Due April 29, 2013)
Apr 29, 2013Brief of respondent John Dennis Apel in opposition filed.
May 9, 2013Reply of petitioner United States filed.
May 14, 2013DISTRIBUTED for Conference of May 30, 2013.
Jun 3, 2013Petition GRANTED.
Jul 3, 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 25, 2013.
Jul 3, 2013The time to file respondent's brief on the merits is extended to and including September 9, 2013.
Jul 16, 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 22, 2013The time to file the joint appendix and petitioner's brief on the merits is further extended to and including August 16, 2013.
Jul 22, 2013The time to file respondent's brief on the merits is further extended to and including October 21, 2013.
Jul 23, 2013Consent to the filing of amicus curiae briefs, in support of either or of neither party, received from counsel for the respondent.
Aug 16, 2013Joint appendix filed.
Aug 16, 2013Brief of petitioner United States filed.
Sep 17, 2013SET FOR ARGUMENT ON Wednesday December 4, 2013
Sep 17, 2013CIRCULATED
Sep 18, 2013Record from U.S.C.A. for 9th Circuit is electronic and located on PACER.
Sep 18, 2013Record from U.S.D.C. for Central District of California is electronic and located on PACER.
Dec 4, 2013Argued. For petitioner: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Erwin Chemerinsky, Irvine, Cal.
Feb 26, 2014Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, in which Sotomayor, J., joined. Alito, J., filed a concurring opinion.
Mar 31, 2014JUDGMENT ISSUED.
Recommended Citation: United States v. Apel, SCOTUSblog, https://www.scotusblog.com/cases/united-states-v-apel/