| No. 17-6086 | |
| Title: | Herman Avery Gundy, Petitioner v. United States |
| Docketed: | September 22, 2017 |
| Lower Ct: | United States Court of Appeals for the Second Circuit |
| Case Numbers: | (16-1829) |
| Decision Date: | June 22, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 20 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017) |
| Sep 29 2017 | Waiver of right of respondents United States to respond filed. |
| Oct 05 2017 | DISTRIBUTED for Conference of 10/27/2017. |
| Oct 17 2017 | Response Requested. (Due November 16, 2017) |
| Nov 09 2017 | Order extending time to file response to petition to and including December 18, 2017. |
| Dec 18 2017 | Brief of respondent United States in opposition filed. |
| Certificate of Word CountMain Document | |
| Jan 04 2018 | DISTRIBUTED for Conference of 1/19/2018. |
| Jan 16 2018 | Rescheduled. |
| Feb 05 2018 | DISTRIBUTED for Conference of 2/16/2018. |
| Feb 20 2018 | DISTRIBUTED for Conference of 2/23/2018. |
| Feb 26 2018 | DISTRIBUTED for Conference of 3/2/2018. |
| Mar 05 2018 | Motion of petitioner for leave to proceed in forma pauperis GRANTED. The petition for a writ of certiorari is GRANTED limited to Question 4 presented by the petition. |
| Mar 13 2018 | Motion for an extension of time filed. |
| Main Document | |
| Mar 14 2018 | Motion to extend the briefing schedule on the merits is granted . The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 25, 2018. The time to file respondent's brief on the merits is extended to and including August 2, 2018. |
| May 24 2018 | Brief amici curiae of Cato Institute & Cause of Action Institute filed. |
| Certificate of Word CountProof of ServiceMain Document | |
| May 25 2018 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| May 25 2018 | Brief of petitioner Herman Gundy filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 30 2018 | Brief amicus curiae of The National Association of Federal Defenders filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 30 2018 | Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 31 2018 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Brief amici curiae of Downsize DC Foundation, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Brief amicus curiae of Institute for Justice filed. |
| Main DocumentMain DocumentMain Document | |
| Jun 01 2018 | Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 01 2018 | Brief amicus curiae of American Civil Liberties Union filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 01 2018 | Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2018 | Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018) |
| Jun 01 2018 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 09 2018 | SET FOR ARGUMENT On Tuesday, October 2, 2018 |
| Aug 02 2018 | Brief of respondent United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Aug 03 2018 | CIRCULATED |
| Aug 07 2018 | Record requested from the U.S.C.A. 2nd Circuit. |
| Aug 08 2018 | Record received from the U.S.C.A. 2nd Circuit. The record is electronic. |
| Sep 04 2018 | Reply of petitioner Herman Gundy filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 02 2018 | Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Jun 20 2019 | Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas, J., joined. Kavanaugh, J., took no part in the consideration or decision of the case. |
| Jul 11 2019 | Petition for Rehearing filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 11 2019 | DISTRIBUTED. |
| Aug 05 2019 | Rescheduled. |
| Aug 07 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Oct 07 2019 | DISTRIBUTED for Conference of 10/11/2019. |
| Oct 15 2019 | DISTRIBUTED for Conference of 10/18/2019. |
| Oct 28 2019 | DISTRIBUTED for Conference of 11/1/2019. |
| Nov 04 2019 | DISTRIBUTED for Conference of 11/8/2019. |
| Nov 12 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 18 2019 | DISTRIBUTED for Conference of 11/22/2019. |
| Nov 25 2019 | Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. |
| Nov 26 2019 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Sarah Baumgartel Counsel of Record | Federal Defenders of New York, Inc. 52 Duane Street 10th Floor New York, NY 10007 sarah_baumgartel@fd.org | 212-417-8772 |
| Party name: Herman Gundy | ||
| Attorneys for Respondent | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Other | ||
| Daniel Lamar Alban Counsel of Record | Institute for Justice 901 N. Glebe Road, Suite 900 Arlington, VA 22203 dalban@ij.org | 7036829320 |
| Party name: Institute for Justice | ||
| Anthony Thomas Caso Counsel of Record | Center for Constitutional Jurisprudence One University Drive Orange, CA 92866 caso@chapman.edu | 877-855-3330 |
| Party name: Center for Constitutional Jurisprudence | ||
| David D. Cole Counsel of Record | American Civil Liberties Union Foundation 915 15th Street, NW Washington, DC 20005 dcole@aclu.org | 212-549-2611 |
| Party name: American Civil Liberties Union | ||
| Donna F. Coltharp Counsel of Record | Fed. Pub. Def. for Western Dis 727 East Durango Blvd. Suite B-207 San Antonio, TX 78206 donna_coltharp@fd.org | (210) 472-6700 |
| Party name: The National Association of Federal Defenders | ||
| Donald Manwell Falk Counsel of Record | Mayer Brown LLP 3000 El Camino Real Suite 300 Palo Alto, CA 94306 dfalk@mayerbrown.com | 650-331-2000 |
| Party name: National Association of Criminal Defense Lawyers | ||
| Todd F. Gaziano Counsel of Record | Pacific Legal Foundation 3033 Wilson Bldv., Suite 700 Arlington, VA 22201 TGaziano@PacificLegal.org | (202) 888-6881 |
| Party name: Pacific Legal Foundation | ||
| Sheldon Gilbert | Institute for Justice 901 N. Glebe Road, Suite 900 Arlington, VA 22203 sheldongilbert@gmail.com | 7036829320 |
| Party name: Institute for Justice | ||
| Sean Hecker Counsel of Record | Sean Hecker, Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 shecker@debevoise.com | (212) 909-6000 |
| Party name: Scholars Whose Work Includes Sex Offense Studies | ||
| Sam Kazman Counsel of Record | Competitive Enterprise Institute 1310 L Street, N.W. 7th Floor Washington, DC 20005 sam.kazman@cei.org | 202-331-2265 |
| Party name: Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute | ||
| Jonathan F. Mitchell Counsel of Record | 559 Nathan Abbott Way Stanford, CA 94305 jfmitche@stanford.edu | (650) 723-1397 |
| Party name: New Civil Liberties Alliance | ||
| Eric Christopher Rassbach Counsel of Record | 1200 New Hampshire Avenue, NW Suite 700 Washington, DC 20036 erassbach@becketlaw.org | 2029550095 |
| Party name: The Becket Fund for Religious Liberty | ||
| Ilya Shapiro Counsel of Record | Cato Institute 1000 Massachusetts Ave., NW Washington, DC 20001 ishapiro@cato.org | 2028420200 |
| Party name: Cato institute, Cause of Action Institute | ||
| Andrew D. Silverman Counsel of Record | Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street Room 8134 New York, NY 10019 asilverman@orrick.com | 212-506-3727 |
| Party name: William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors | ||
| Herbert William Titus Counsel of Record | William J. Olson, P.C. 370 Maple Avenue West Suite 4 Vienna, VA 22180 jmorgan@mindspring.com | 7033565070 |
| Party name: Downsize DC Foundation, DownsizeDC.org, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, Public Advocate of the United States, Gun Owners Foundation, Gun Owners of America, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee | ||