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Docket for 23-1002
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No. 23-1002
Vide 23-1150
 
Title: Tony R. Hewitt, Petitioner
v.
United States
Docketed: March 12, 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
Mar 08 2024 Petition for a writ of certiorari filed. (Response due April 11, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Mar 18 2024 Waiver of right of respondent United States to respond filed.
Main Document
Mar 20 2024 DISTRIBUTED for Conference of 4/12/2024.
Mar 28 2024 Response Requested. (Due April 29, 2024)
Apr 04 2024 Brief amici curiae of American Civil Liberties Union, et al. filed.
Main Document Proof of Service Certificate of Word Count
Apr 11 2024 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main Document Proof of Service Certificate of Word Count
Apr 23 2024 Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
Main Document
Apr 24 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 03 2024 Reply of petitioner Tony R. Hewitt filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jun 04 2024 DISTRIBUTED for Conference of 6/20/2024.
Jun 28 2024 DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024 Petition GRANTED. The petition for a writ of certiorari in No. 23-1150 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.
Jul 29 2024 Motion for an extension of time file the briefs on the merits filed. VIDED.
Main Document
Jul 31 2024 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioners' briefs on the merits, and the United States' brief on the merits is extended to and including September 16, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including November 15, 2024. VIDED.
Sep 06 2024 Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Main Document
Sep 16 2024 Brief of respondent United States in support of petitioners filed. VIDED.
Main Document Proof of Service
Sep 16 2024 Brief of petitioner Tony R. Hewitt filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Sep 16 2024 Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Sep 23 2024 Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Sep 23 2024 Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Sep 23 2024 Brief amici curiae of The District of Columbia, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Oct 07 2024 Motion to dispense with printing the joint appendix filed by petitioners GRANTED. 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 04 2024 Motion for divided argument filed by the Solicitor General. VIDED.
Main Document Proof of Service
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.
Nov 15 2024 Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Dec 03 2024 CIRCULATED
Dec 09 2024 Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Dec 16 2024 Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 16 2024 Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Dec 16 2024 Reply of respondent United States filed. VIDED. (Distributed)
Main Document Proof of Service
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
Michael B. Kimberly
Counsel of Record
Winston & Strawn LLP
1901 K Street NW
Washington, DC 20036
mkimberly@winston.com
Ph: (202) 282-5096
Party name: Tony R. Hewitt


Jo-Ann Tamila Sagar
Counsel of Record
Hogan Lovells US LLP
555 Thirteenth Street, NW
Washington, DC 20004
jo-ann.sagar@hoganlovells.com
Ph: 202-637-5600
Party name: Corey Deyon Duffey and Jarvis Dupree Ross


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
Michael Hugh McGinley
Counsel of Record
Dechert LLP
2929 Arch Street
Cira Centre
Philadelphia, PA 19104
michael.mcginley@dechert.com
Ph: 202-261-3378
Party name: Court-appointed amicus curiae in support of the judgment below


Emma Anamaria Andersson
Counsel of Record
American Civil Liberties Union
125 Broad Street
New York, NY 10004
eandersson@aclu.org
Ph: 212 549 2500
Party name: American Civil Liberties Union, et al.


Brent Jefferson Gurney
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Avenue, NW
Washington, DC 20037
brent.gurney@wilmerhale.com
Ph: 202-663-6000
Party name: Senators Richard J. Durbin, Charles E. Grassley, Cory A. Booker, and Michael S. Lee


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


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: National Association of Criminal Defense Lawyers


Caroline Sage Van Zile
Counsel of Record
Off. of the Att'y Gen. for D.C.
Office of the Solicitor General
400 6th Street, NW, Suite 8100
Washington, DC 20001
caroline.vanzile@dc.gov
Ph: (202) 724-6609
Party name: The District of Columbia, Colorado, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont

 

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