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Docket for 23-909
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No. 23-909
 
Title: Stamatios Kousisis and Alpha Painting and Construction Co., Inc., Petitioners
v.
United States
Docketed: February 22, 2024
Linked with: 23A538
Lower Ct: United States Court of Appeals for the Third Circuit
   Case Numbers: (19-3679, 19-3774)
   Decision Date: September 22, 2023
Questions Presented
 
Proceedings and Orders
Dec 08 2023 Application (23A538) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to January 19, 2024, submitted to Justice Alito.
Main Document Lower Court Orders/Opinions Lower Court Orders/Opinions
Dec 12 2023 Application (23A538) granted by Justice Alito extending the time to file until January 19, 2024.
Jan 04 2024 Application (23A538) to extend further the time from January 19, 2024 to February 19, 2024, submitted to Justice Alito.
Written Request Written Request Written Request
Jan 18 2024 Application (23A538) granted by Justice Alito extending the time to file until February 19, 2024.
Feb 20 2024 Petition for a writ of certiorari filed. (Response due March 25, 2024)
Petition Appendix Certificate of Word Count Proof of Service
Mar 06 2024 Motion to extend the time to file a response from March 25, 2024 to April 24, 2024, submitted to The Clerk.
Main Document
Mar 07 2024 Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2024.
Mar 25 2024 Brief amici curiae of Cato Institute, et al. filed.
Main Document Certificate of Word Count Proof of Service
Apr 24 2024 Brief of respondent United States in opposition filed.
Main Document Proof of Service
May 10 2024 Reply of petitioners Kousisis, et al. filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
May 14 2024 DISTRIBUTED for Conference of 5/30/2024.
May 29 2024 Rescheduled.
Jun 03 2024 DISTRIBUTED for Conference of 6/6/2024.
Jun 10 2024 DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024 Petition GRANTED.
Jul 08 2024 Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 09 2024 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2024. The time to file respondent's brief on the merits is extended to and including October 2, 2024.
Aug 19 2024 Brief of petitioners Kousisis, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 19 2024 Joint appendix filed. (Statement of costs filed)
Main Document
Aug 26 2024 Brief amicus curiae of Due Process Institute filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amici curiae of The National Association of Criminal Defense Lawyers; The Cato Institute filed.
Main Document Certificate of Word Count Proof of Service
Aug 26 2024 Brief amicus curiae of Moshe Porat filed.
Main Document Proof of Service Certificate of Word Count
Oct 02 2024 Brief of respondent United States filed.
Main Document Proof of Service
Oct 18 2024 SET FOR ARGUMENT on Monday, December 9, 2024.
Oct 22 2024 Record requested from the United States Court of Appeals for the Third Circuit.
Oct 22 2024 CIRCULATED
Oct 31 2024 Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk. Sealed material from the United States Court of Appeals for the Third Circuit available with the Clerk (one envelope).
Nov 01 2024 Reply of petitioners Stamatios Kousisis, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 09 2024 Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
May 22 2025 Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Kavanaugh, and Jackson, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment.
Jun 23 2025 Judgment Issued.
Main Document
Aug 05 2025 Record returned to the United States Court of Appeals for the Third Circuit.
Attorneys
Attorneys for Petitioners
Lisa Ann Mathewson
Counsel of Record
Mathewson Law LLC
1617 John F. Kennedy Blvd.
Suite 2027
Philadelphia, PA 19103
lam@mathewson-law.com
Ph: 215-399-9592
Party name: Kousisis, et al.


Jeffrey L. Fisher
O'Melveny & Myers LLP
2765 Sand Hill Road
Menlo Park, CA 94025
JLFISHER@OMM.COM
Ph: (650) 473-2600
Party name: Kousisis, 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
John D. Cline
Counsel of Record
Law Office of John D. Cline
600 Stewart Street
Suite 400
Seattle, WA 98101
CLINE@JOHNDCLINELAW.COM
Ph: 360-320-6435
Party name: Due Process Institute


Lawrence S. Lustberg
Counsel of Record
Gibbons P.C.
One Gateway Center
Newark, NJ 07102
llustberg@gibbonslaw.com
Ph: (973) 596-4500
Party name: The Cato Institute, Due Process Institute and The National Association of Criminal Defense Lawyers


Steven Francis Molo
Counsel of Record
MoloLamken LLP
430 Park Avenue
New York, NY 10022
smolo@mololamken.com
Ph: 212-607-8160
Party name: The National Association of Criminal Defense Lawyers; The Cato Institute


Alexandra Anastasia Ekaterina Shapiro
Counsel of Record
Shapiro Arato Bach LLP
1140 Avenue of the Americas
17th Floor
New York, NY 10036
ASHAPIRO@SHAPIROARATO.COM
Ph: 212 257-4880
Party name: Moshe Porat

 

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