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Docket for 22-340

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 Petitioners

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