No. 21-1195
 
Title: Alexandru Bittner, Petitioner
v.
United States
Docketed: March 2, 2022
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (20-40597)
   Decision Date: November 30, 2021
Questions Presented
 
Proceedings and Orders
Feb 28 2022 Petition for a writ of certiorari filed. (Response due April 1, 2022)
Petition Appendix Certificate of Word Count Proof of Service
Mar 23 2022 Motion to extend the time to file a response from April 1, 2022 to May 2, 2022, submitted to The Clerk.
Main Document
Mar 24 2022 Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2022.
Apr 01 2022 Amicus brief of Center for Taxpayer Rights not accepted for filing. (April 01, 2022 -- Corrected e-filing to be submitted)
Apr 01 2022 Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Main Document Proof of Service Certificate of Word Count
Apr 01 2022 Brief amicus curiae of American College of Tax Counsel filed.
Main Document Proof of Service Certificate of Word Count
Apr 01 2022 Brief amicus curiae of Center for Taxpayer Rights filed.
Main Document Proof of Service Certificate of Word Count
Apr 26 2022 Motion to extend the time to file a response from May 2, 2022 to May 17, 2022, submitted to The Clerk.
Main Document
Apr 27 2022 Motion to extend the time to file a response is granted and the time is further extended to and including May 17, 2022.
May 17 2022 Brief of respondent United States filed.
Main Document Proof of Service
May 20 2022 Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
Main Document
May 24 2022 DISTRIBUTED for Conference of 6/9/2022.
Jun 13 2022 DISTRIBUTED for Conference of 6/16/2022.
Jun 21 2022 Petition GRANTED.
Jul 19 2022 Blanket Consent filed by Respondent, United States
Blanket Consent
Jul 28 2022 Blanket Consent filed by Petitioner, Alexandru Bittner
Blanket Consent
Jul 28 2022 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Aug 03 2022 ARGUMENT SET FOR Wednesday, November 2, 2022.
Aug 03 2022 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 17, 2022. The time to file respondent's brief on the merits is extended to and including September 28, 2022.
Aug 16 2022 Brief amicus curiae of American College of Trust and Estate Counsel in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Aug 17 2022 Further extension of time to file petitioner's brief on the merits to and including August 18, 2022. Further extension of time to file respondent's brief on the merits to and including September 30, 2022.
Aug 18 2022 Brief of petitioner Alexandru Bittner filed.
Main Document Certificate of Word Count Proof of Service
Aug 18 2022 Joint appendix filed. (Statement of costs filed)
Main Document Main Document Main Document Main Document Proof of Service
Aug 23 2022 Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed.
Main Document Proof of Service Certificate of Word Count
Aug 24 2022 Brief amicus curiae of American College of Tax Counsel in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Aug 25 2022 Brief amicus curiae of Center for Taxpayer Rights filed.
Main Document Certificate of Word Count Proof of Service
Aug 25 2022 Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Main Document Proof of Service Certificate of Word Count
Aug 31 2022 CIRCULATED
Sep 12 2022 Record requested from the U.S.C.A. 5th Circuit.
Sep 12 2022 The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Sep 30 2022 Brief of respondent United States filed. (Distributed)
Main Document Certificate of Word Count
Oct 06 2022 Brief amicus curiae of National Whistleblower Center filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Oct 21 2022 Reply of petitioner Alexandru Bittner filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Nov 02 2022 Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 28 2023 Judgment REVERSED and case REMANDED. Gorsuch, J., announced the judgment of the Court, and delivered the opinion of the Court except as to Part II–C. Jackson, J., joined that opinion in full, and Roberts, C. J., and Alito and Kavanaugh, JJ., joined except for Part II–C. Barrett, J., filed a dissenting opinion, in which Thomas, Sotomayor, and Kagan, JJ., joined.
Apr 03 2023 Judgment issued.
Main Document
Attorneys
Attorneys for Petitioners
Daniel L. Geyser
Counsel of Record
Haynes and Boone, LLP
2323 Victory Avenue, Ste. 700
Dallas, TX 75219

daniel.geyser@haynesboone.com
Ph: 303-382-6219
Party name: Alexandru Bittner


Attorneys for Respondents
Elizabeth B. Prelogar
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Caroline DeLisle Ciraolo
Counsel of Record
Kostelanetz & Fink, LLP
601 New Jersey Avenue, N.W.
Suite 260
Washington, DC 20001

cciraolo@kflaw.com
Ph: (202) 875-8000
Party name: American College of Tax Counsel


Guinevere M. Moore
Counsel of Record
Moore Tax Law Group LLC
2205 W Armitage Ave
Suite 1
Chicago, IL 60647

guinevere.moore@mooretaxlawgroup.com
Ph: 3125499993
Party name: Center for Taxpayer Rights


Joseph Russell Palmore
Counsel of Record
Morrison & Foerster LLP
2100 L Street, NW
Suite 900
Washington, DC 20037

jpalmore@mofo.com
Ph: 202-887-6940
Party name: The Chamber of Commerce of the United States of America


Arthur Grushkow Sapper
Counsel of Record
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
1909 K Street, N.W., Suite 1000
Washington, DC 20006

arthur.sapper@ogletreedeakins.com
Ph: 202-263-0270
Party name: National Federation of Independent Business Small Business Legal Center, National Association of Home Builders of the United States, American Farm Bureau Federation, Restaurant Law Center, and Corn Refiners Association


David Edward Sloan
Counsel of Record
Fabian Vancott
215 South State Street, Suite 1200
Salt Lake City, UT 84111

dsloan@fabianvancott.com
Ph: 801-237-0423
Party name: American College of Trust and Estate Counsel


Rachel Gagnebin Talay
Counsel of Record
H Street Law PLLC
1616 H Street, NW
Suite 701
Washington, DC 20006

rtalay@hstreetlaw.com
Ph: 7033079870
Party name: National Whistleblower Center