No. 22-340
 
Title: Mark E. Pulsifer, Petitioner
v.
United States
Docketed: October 12, 2022
Lower Ct: United States Court of Appeals for the Eighth Circuit
   Case Numbers: (21-1609)
   Decision Date: July 11, 2022
Questions Presented
 
Proceedings and Orders
Oct 07 2022 Petition for a writ of certiorari filed. (Response due November 14, 2022)
Petition Appendix Certificate of Word Count Proof of Service
Nov 09 2022 Motion to extend the time to file a response from November 14, 2022 to December 14, 2022, submitted to The Clerk.
Main Document
Nov 10 2022 Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022.
Dec 07 2022 Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
Main Document
Dec 08 2022 Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2023.
Jan 13 2023 Brief for the United States filed.
Main Document Proof of Service
Feb 01 2023 DISTRIBUTED for Conference of 2/17/2023.
Feb 02 2023 Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Feb 21 2023 DISTRIBUTED for Conference of 2/24/2023.
Feb 22 2023 Supplemental brief of petitioner Mark E. Pulsifer filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Feb 27 2023 Petition GRANTED.
Mar 21 2023 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Apr 07 2023 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 May 19, 2023. The time to file respondent's brief on the merits is extended to and including July 24, 2023.
May 11 2023 Motion to dispense with printing the joint appendix filed by petitioner Mark E. Pulsifer.
Main Document Proof of Service
May 19 2023 Brief of petitioner Mark E. Pulsifer filed.
Main Document Proof of Service Certificate of Word Count
May 22 2023 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 26 2023 Brief amicus curiae of Americans for Prosperity Foundation filed.
Main Document Certificate of Word Count Proof of Service
May 26 2023 Brief amici curiae of FAMM, et al. filed.
Main Document Certificate of Word Count Proof of Service
May 26 2023 Brief amicus curiae of National Association of Federal Defenders filed.
Main Document Certificate of Word Count Proof of Service
May 26 2023 Brief amici curiae of Professors Thomas R. Lee, et al. in support of neither party filed.
Main Document Certificate of Word Count Proof of Service
Jul 14 2023 SET FOR ARGUMENT on Monday, October 2, 2023.
Jul 17 2023 Record requested from the United States Court of Appeals for the Eighth Circuit.
Jul 19 2023 Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel filed.
Main Document Proof of Service
Jul 24 2023 Complete record on appeal received from the United States Court of Appeals for the Eighth Circuit (1 envelope). There are sealed documents with this record.
Jul 24 2023 Brief of respondent United States filed.
Proof of Service Main Document
Jul 27 2023 CIRCULATED
Aug 16 2023 Motion DISTRIBUTED for Conference of 9/26/2023.
Aug 23 2023 Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Oct 02 2023 Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel GRANTED. J. Robert Black, of Omaha, Nebraska, is appointed to serve as counsel for the petitioner in this case.
Oct 02 2023 Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 15 2024 Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
Apr 16 2024 Judgment Issued.
Main Document
Aug 13 2024 Record returned to the United States Court of Appeals for the Eighth Circuit.
Attorneys
Attorneys for Petitioner
Shay Dvoretzky
Counsel of Record
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Ave., NW
Washington, DC 20005

shay.dvoretzky@skadden.com
Ph: 202-371-7370
Party name: Mark E. Pulsifer


J. Robert Black
Black & Weir Law Offices, LLC
209 S. 19th St. Suite 650
Omaha, NE 68102

rob@blackweirlaw.com
Ph: 402-513-3650
Party name: Mark E. Pulsifer


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
Vincent J. Brunkow
Counsel of Record
Federal Defenders of San Diego
225 Broadway, Ste. 900
San Diego, CA 92101

VINCE_BRUNKOW@FD.ORG
Ph: 6192348467
Party name: National Association of Federal Defenders


David John Debold
Counsel of Record
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, NW
Washington, DC 20036

DDEBOLD@GIBSONDUNN.COM
Ph: (202) 955-8500
Party name: FAMM, American Civil Liberties Union, and National Association of Criminal Defense Lawyers


Michael David Pepson
Counsel of Record
Americans for Prosperity Foundation
1310 N. Courthouse Rd., Ste. 700
Arlington, VA 22201

mpepson@afphq.org
Ph: 5713294529
Party name: Americans for Prosperity Foundation


Philip Daniel Williamson
Counsel of Record
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202

pwilliamson@taftlaw.com
Ph: 5133812838
Party name: Professors Thomas R. Lee, Kevin Tobia, and Jesse Egbert