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United States v. Kebodeaux

Docket No.12-418
Op. Below5th Cir.
ArgumentApr 17, 2013
Vote7-2
AuthorStephen G. Breyer
OpinionJun 24, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

As applied to respondent Anthony Kebodeaux, the registration requirements of the Sex Offender Registration and Notification Act fall within the scope of Congress"s authority under the Necessary and Proper Clause.

Judgment

Reversed, 7-2, in an opinion by Stephen G. Breyer on Jun 24, 2013. Chief Justice Roberts and Justice Alito filed opinions concurring in the judgment. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined as to parts I, II, and III-B.

Holding: As applied to respondent Anthony Kebodeaux, the registration requirements of the Sex Offender Registration and Notification Act fall within the scope of Congress”s authority under the Necessary and Proper Clause.

Judgment:”Reversed, 7-2, in an opinion by Justice Breyer on June 24, 2013. Chief Justice Roberts and Justice Alito filed opinions concurring in the judgment. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined as to parts I, II, and III-B.

Proceedings & orders timeline

Oct 4, 2012
Petition for a writ of certiorari filed. (Response due November 5, 2012)
Oct 16, 2012
Order extending time to file response to petition to and including December 5, 2012.
Dec 5, 2012
Brief of respondent Anthony James Kebodeaux in opposition filed.
Dec 5, 2012
Motion for leave to proceed in forma pauperis filed by respondent Anthony James Kebodeaux.
Dec 19, 2012
DISTRIBUTED for Conference of January 11, 2013.
Dec 21, 2012
Reply of petitioner United States filed. (Distributed)
Jan 11, 2013
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 11, 2013
Petition GRANTED.
Feb 11, 2013
SET FOR ARGUMENT ON Wednesday, April 17, 2013
Feb 25, 2013
Motion to dispense with printing the joint appendix filed by petitioner United States.
Feb 25, 2013
Brief of petitioner United States filed.
Feb 28, 2013
Record received from the U.S.D.C. Western District of Texas, El Paso Division. (1 Box)
Mar 4, 2013
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 8, 2013
CIRCULATED.
Mar 15, 2013
Record from U.S.C.A. for 5th Circuit is electronic.
Mar 27, 2013
Brief of respondent Anthony James Kebodeaux filed. (Distributed)Apr 3, 2013
Brief amicus curiae of Cato Institute filed. (Distributed)Apr 10, 2013
Reply of petitioner United States filed. (Distributed)Apr 17, 2013
Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: M. Carolyn Fuentes, Assistant Federal Public Defender, San Antonio, Tex.
Jun 24, 2013
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., and Alito, J., filed opinions concurring in the judgment. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined as to Parts I, II, and III-B.
Jul 26, 2013
JUDGMENT ISSUED.
Jul 29, 2013
Record returned to U.S.D.C. for Western District of Texas, Ep Laso Division.

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