No. 24-482
 
Title: Holsey Ellingburg, Jr., Petitioner
v.
United States
Docketed: October 30, 2024
Lower Ct: United States Court of Appeals for the Eighth Circuit
   Case Numbers: (23-3129)
   Decision Date: August 23, 2024
   Rehearing Denied: September 30, 2024
Questions Presented
 
Proceedings and Orders
Oct 25 2024 Petition for a writ of certiorari filed. (Response due November 29, 2024)
Petition Appendix Certificate of Word Count Proof of Service Proof of Service
Nov 04 2024 Waiver of right of respondent United States to respond filed.
Main Document
Nov 06 2024 DISTRIBUTED for Conference of 11/22/2024.
Nov 07 2024 Response Requested. (Due December 9, 2024)
Dec 04 2024 Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.
Main Document
Dec 06 2024 Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025.
Dec 23 2024 Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
Main Document
Dec 26 2024 Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025.
Feb 07 2025 Brief of respondent United States in opposition filed.
Main Document Proof of Service
Feb 10 2025 Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
Feb 11 2025 Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Feb 12 2025 DISTRIBUTED for Conference of 2/28/2025.
Mar 03 2025 DISTRIBUTED for Conference of 3/7/2025.
Mar 17 2025 DISTRIBUTED for Conference of 3/21/2025.
Mar 24 2025 DISTRIBUTED for Conference of 3/28/2025.
Mar 31 2025 DISTRIBUTED for Conference of 4/4/2025.
Apr 07 2025 Petition GRANTED.
May 07 2025 Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Main Document
May 12 2025 Letter of respondent United States notifying the Court that the government will be filing a merits brief in support of the petitioner on the question presented, filed.
Main Document
May 13 2025 Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted, and the time is extended to and including June 23, 2025.
May 15 2025 John F. Bash, Esquire, of Austin, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
May 21 2025 Motion of Court-appointed amicus curiae for an extension of time filed.
Main Document Proof of Service
May 27 2025 Motion to extend the time to file brief of Court-appointed amicus curiae in support of the judgment below is granted and the time is extended to and including August 22, 2025.
Jun 04 2025 Motion to dispense with printing the joint appendix filed by petitioner Holsey Ellingburg, Jr.
Main Document Proof of Service
Jun 16 2025 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 23 2025 Brief of petitioner Holsey Ellingburg, Jr. filed.
Main Document Certificate of Word Count Proof of Service
Jun 23 2025 Brief of respondent United States supporting vacatur filed.
Main Document Proof of Service
Jun 30 2025 Brief amicus curiae of Professor Beth A. Colgan filed.
Main Document Certificate of Word Count Proof of Service
Jun 30 2025 Brief amicus curiae of Constitutional Accountability Center filed.
Main Document Certificate of Word Count Proof of Service
Jun 30 2025 Brief amici curiae of Cato Institute, et al. filed.
Main Document Certificate of Word Count Proof of Service
Jun 30 2025 Brief amici curiae of Restitution Scholars filed.
Main Document Certificate of Word Count Proof of Service
Jun 30 2025 Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Main Document Proof of Service Certificate of Word Count
Jun 30 2025 Brief amicus curiae of Professor Jennifer Laurin filed.
Main Document Certificate of Word Count Proof of Service
Jun 30 2025 Brief amicus curiae of Professor Wayne A. Logan filed.
Main Document Proof of Service Certificate of Word Count
Aug 12 2025 SET FOR ARGUMENT on Tuesday, October 14, 2025.
Aug 13 2025 Motion for divided argument filed by the Solicitor General.
Main Document Proof of Service
Attorneys
Attorneys for Petitioners
Lisa Schiavo Blatt
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024

LBLATT@WC.COM
Ph: 202-434-5050
Party name: Holsey Ellingburg, Jr.


Attorneys for Respondents
D. John Sauer
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
John F. Bash
Counsel of Record
Quinn Emanuel Urquhart & Sullivan, LLP
300 W. 6th St, Suite 2010
Austin, TX 78701

johnbash@quinnemanuel.com
Ph: (737) 667-6101
Party name: Court-appointed amicus curiae in support of judgment below


Matthew P. Cavedon
Counsel of Record
1000 Massachusetts Ave. NW
Washington, DC 20001

matt@amagi.info
Ph: 202-425-7499
Party name: Cato Institute and Fines and Fees Justice Center


Beth A. Colgan
Counsel of Record
UCLA School of Law
405 Hilgard Ave.
Los Angeles, CA 90095

colgan@law.ucla.edu
Ph: 3108256996
Party name: Beth A. Colgan


Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036

BRIANNE@THEUSCONSTITUTION.ORG
Ph: 202 296 6889
Party name: Constitutional Accountability Center


Mahogane Denea Reed
Counsel of Record
Steptoe LLP
1330 Connecticut Avenue, NW
Washington, DC 20036

mreed@steptoe.com
Ph: (202) 429-3000
Party name: Professor Jennifer Laurin


Krystal Brunner Swendsboe
Counsel of Record
Wiley Rein LLP
2050 M Street NW
Washington, DC 20036

KSWENDSBOE@WILEY.LAW
Ph: 202-719-4197
Party name: Wayne A. logan


Andrew Timothy Tutt
Counsel of Record
Arnold & Porter Kaye Scholer
601 Massachusetts Avenue, NW
Washington, DC 20001

ANDREW.TUTT@ARNOLDPORTER.COM
Ph: 202-942-5000
Party name: Restitution Scholars


Lauren Willard Zehmer
Counsel of Record
Covington & Burling LLP
850 Tenth Street NW
Washington, DC 20001

lzehmer@cov.com
Ph: (202) 662-6000
Party name: NACDL and FAMM