No. 23-1150
Vide 23-1002
 
Title: Corey Deyon Duffey and Jarvis Dupree Ross, Petitioners
v.
United States
Docketed: April 23, 2024
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (22-10265)
   Decision Date: February 2, 2024
Questions Presented
 
Proceedings and Orders
Apr 19 2024 Petition for a writ of certiorari filed. (Response due May 23, 2024)
Petition Appendix Certificate of Word Count Proof of Service
May 14 2024 Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.
Main Document
May 15 2024 Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
May 29 2024 Brief of respondent United States in opposition filed. VIDED.
Main Document Proof of Service
May 30 2024 Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
Jun 04 2024 DISTRIBUTED for Conference of 6/20/2024.
Jun 04 2024 Reply of petitioners Corey Duffey, et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jun 28 2024 DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024 Petition GRANTED. The petition for a writ of certiorari in No. 23-1002 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Jul 02 2024 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1002. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1002. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 26 2024 Michael H. McGinley, Esquire, of Washington, D. C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment below. VIDED.
Oct 31 2024 SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.
Nov 04 2024 Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 12 2024 Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Dec 03 2024 CIRCULATED
Jan 13 2025 Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D. C. VIDED.
Jun 26 2025 Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Roberts, C. J., and Sotomayor, Kagan, and Gorsuch, JJ., joined, and an opinion with respect to Parts IV and V, in which Sotomayor and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Kavanaugh, and Barrett, JJ., joined. VIDED.
Jul 28 2025 Judgment Issued.
Main Document
Attorneys
Attorneys for Petitioners
Jo-Ann Tamila Sagar
Counsel of Record
Hogan Lovells US LLP
555 Thirteenth Street, NW
Washington, DC 20004

jo-ann.sagar@hoganlovells.com
Ph: 202-213-8671
Party name: Corey Duffey, et al.


Neal Kumar Katyal
Hogan Lovells US LLP
555 Thirteenth St., N.W.
Washington, DC 20004

NEAL.KATYAL@HOGANLOVELLS.COM
Ph: 202 637 5528
Party name: Corey Duffey, et al.


Attorneys for Respondents
D. John Sauer
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
Kevin James Poloncarz
Counsel of Record
Covington & Burling LLP
415 Mission St., 54th Fl.
San Francisco, CA 94105

kpoloncarz@cov.com
Ph: 415-591-7070
Party name: American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers