| No. 14-1507 | |
| Title: | Steve Michael Beylund, Petitioner v. Grant Levi, Director, North Dakota Department of Transportation |
| Docketed: | June 23, 2015 |
| Lower Ct: | Supreme Court of North Dakota |
| Case Numbers: | (20140133) |
| Decision Date: | February 12, 2015 |
| Rehearing Denied: | March 24, 2015 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jun 22 2015 | Petition for a writ of certiorari filed. (Response due July 23, 2015) |
| Jul 15 2015 | Waiver of right of respondent Grant Levi, Director, North Dakota Department of Transportation to respond filed. |
| Jul 29 2015 | DISTRIBUTED for Conference of September 28, 2015. |
| Aug 26 2015 | Response Requested.(Due September 25, 2015) |
| Sep 24 2015 | Brief of respondent Grant Levi, Director, North Dakota Department of Transportation in opposition filed. |
| Nov 17 2015 | DISTRIBUTED for Conference of December 4, 2015. |
| Dec 07 2015 | DISTRIBUTED for Conference of December 11, 2015. |
| Dec 11 2015 | Petition 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 2016 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including February 4, 2016. VIDED |
| Jan 26 2016 | The time to file respondents' briefs on the merits is extended to and including March 15, 2016. VIDED |
| Feb 04 2016 | Brief of petitioner Steve Michael Beylund filed. |
| Feb 04 2016 | Motion to dispense with printing the joint appendix filed by petitioner Danny Birchfield. VIDED. |
| Feb 08 2016 | Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED. |
| Feb 09 2016 | Brief amicus curiae of DUI Defense Lawyers Association filed. VIDED. |
| Feb 11 2016 | Brief amici curiae of Downsize DC Foundation, et al. filed. VIDED. |
| Feb 11 2016 | Brief amicus curiae of American Civil Liberties Union filed. VIDED. |
| Feb 11 2016 | Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED. |
| Feb 29 2016 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED |
| Feb 29 2016 | Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party GRANTED. VIDED |
| Mar 04 2016 | SET FOR ARGUMENT ON Wednesday, April 20, 2016. VIDED |
| Mar 14 2016 | Record requested from the Supreme Court of North Dakota. |
| Mar 15 2016 | DISTRIBUTED. |
| Mar 15 2016 | Brief of respondent Grant Levi, Director, North Dakota Department of Transportation filed. (Distributed) |
| Mar 16 2016 | Brief amicus curiae of The California District Attorneys Association filed. VIDED. (Distributed) |
| Mar 18 2016 | Record received from U.S.D.C. District of Bowman County. (1-Box) |
| Mar 22 2016 | Brief amicus curiae of United States filed. VIDED. (Distributed) |
| Mar 22 2016 | Brief amici curiae of New Jersey and Seventeen States filed. VIDED. (Distributed) |
| Mar 22 2016 | Brief amici curiae of The Council of State Governments, et al. filed. VIDED. (Distributed) |
| Mar 22 2016 | Motion 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 2016 | Brief amicus curiae of Mothers Against Drunk Driving filed. VIDED. (Distributed) |
| Mar 22 2016 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Mar 22 2016 | Brief amici curiae of The National District Attorneys Association, et al. filed. VIDED. (Distributed) |
| Apr 04 2016 | Motion 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 2016 | Reply of petitioner Steve Michael Beylund filed. (Distributed) |
| Apr 20 2016 | Argued. 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 2016 | Judgment 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 2016 | JUDGMENT ISSUED |
| Jul 25 2016 | MANDATE ISSUED |
| Aug 28 2017 | Record from U.S.D.C. Bowman County has been returned. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Charles A. Rothfeld Counsel of Record | Mayer Brown LLP 1999 K Street, N.W. Washington, DC 20006 crothfeld@mayerbrown.com | (202) 263-3233 |
| Party name: Steve Michael Beylund | ||
| Attorneys for Respondent | ||
| Douglas A. Bahr Counsel of Record | North Dakota Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 | (701) 328-3640 |
| Party name: Grant Levi, Director, North Dakota Department of Transportation | ||
| Jonathan R. Byers | Office of the Attorney General 600 East Boulevard Ave., Dept. 125 Bismarck, ND 58505-0040 jbyers@nd.gov | (701) 328-2210 |
| Party name: Grant Levi, Director, North Dakota Department of Transportation | ||
| Thomas R. McCarthy | Consovoy McCarthy Park PLLC 3033 Wilson Boulevard, Suite 700 Arlington, VA 22201 tom@consovoymccarthy.com | 703-243-9423 |
| Party name: Grant Levi, Director, North Dakota Department of Transportation | ||
| Other | ||
| Kay LuAnne Chopard Cohen | Executive Director National District Attorneys Association 99 Canal Certer Plaza Suite 330 Alexandria, VA 22314 kaychopardcohen@ndaa.org | (703) 549-9222 |
| Party name: The National District Attorneys Association, et al. | ||
| Gregory G. Garre | Latham & Watkins, LLP 555 11th Street, N.W. Suite 1000 Washington, DC 20004 gregory.garre@lw.com | (202) 637-2207 |
| Party name: The Council of State Governments, et al. | ||
| Ian Heath Gershengorn | Deputy Solicitor General Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 SupremeCtBriefs@usdoj.gov | (202) 514-2217 |
| Party name: United States | ||
| Jennifer E Kmieciak | State of New Jersey - Division of Criminal Justice Hughes Justice Complex P.O. Box 086 Trenton, NJ 08625 kmieciakj@njdcj.org | (609) 292-9086 |
| Party name: New Jersey and Seventeen States | ||
| Daniel J. Koewler | Ramsay Law Firm 2780 Snelling Avenue North Suite 330 Roseville, MN 55113 dan@ramsayresults.com | (651) 604-0000 |
| Party name: DUI Defense Lawyers Association | ||
| Adam Lamparello | Indiana Tech Law School Amicus Project 1600 East Washington Blvd. Fort Wayne, IN 46803 AXLamparello@indianatech.edu | (260) 422-5561, ext.3450 |
| Party name: Indiana Tech Law School Amicus Project in support of neither party | ||
| Kent S. Scheidegger | Criminal Justice Legal Foundation 2131 L Street Sacramento, CA 95816 briefs@cjlf.org | (916) 446-0345 |
| Party name: Criminal Justice Legal Foundation | ||
| Leonard Russell Stamm | Goldstein & Stamm PA 6301 Ivy Lane, Suite 504 Greenbelt, MD 20770 stamm.lenny@gmail.com | (301) 345-0122 |
| Party name: The National College for DUI Defense, and The National Association of Criminal Defense Lawyers | ||
| Catherine E. Stetson | Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004 cate.stetson@hoganlovells.com | (202) 637-5491 |
| Party name: American Civil Liberties Union | ||
| Herbert W. Titus | William J. Olson, PC 370 Maple Avenue West Suite 4 Vienna, VA 22180 - 5615 wjo@mindspring.com | (703) 356-5070 |
| Party name: Downsize DC Foundation, et al. | ||
| David Ray Venderbush | Alston & Bird LLP 90 Park Avenue New York, NY 10016 david.venderbush@alston.com | 0212-210-9400 |
| Party name: Mothers Against Drunk Driving | ||
| Donald B. Verrilli Jr. | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | (202) 514-2217 |
| Party name: United States | ||
| Michael J. Yraceburn | 1215 Truxton Avenue Bakersfield, CA 93301 myraceburn@co.kern.ca.us | (661) 868-2321 |
| Party name: Steve Michael Beylund v. Grant Levi, Director, North Dakota Department of Transportation | ||