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
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 07 2022Petition for a writ of certiorari filed. (Response due November 14, 2022)
PetitionAppendixCertificate of Word CountProof of Service
Nov 09 2022Motion to extend the time to file a response from November 14, 2022 to December 14, 2022, submitted to The Clerk.
Main Document
Nov 10 2022Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022.
Dec 07 2022Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
Main Document
Dec 08 2022Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2023.
Jan 13 2023Brief for the United States filed.
Main DocumentProof of Service
Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 02 2023Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 22 2023Supplemental brief of petitioner Mark E. Pulsifer filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Feb 27 2023Petition GRANTED.
Mar 21 2023Motion for an extension of time to file the briefs on the merits filed.
Main Document
Apr 07 2023Motion 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 2023Motion to dispense with printing the joint appendix filed by petitioner Mark E. Pulsifer.
Main DocumentProof of Service
May 19 2023Brief of petitioner Mark E. Pulsifer filed.
Main DocumentProof of ServiceCertificate of Word Count
May 22 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 26 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
Main DocumentCertificate of Word CountProof of Service
May 26 2023Brief amici curiae of FAMM, et al. filed.
Main DocumentCertificate of Word CountProof of Service
May 26 2023Brief amicus curiae of National Association of Federal Defenders filed.
Main DocumentCertificate of Word CountProof of Service
May 26 2023Brief amici curiae of Professors Thomas R. Lee, et al. in support of neither party filed.
Main DocumentCertificate of Word CountProof of Service
Jul 14 2023SET FOR ARGUMENT on Monday, October 2, 2023.
Jul 17 2023Record requested from the United States Court of Appeals for the Eighth Circuit.
Jul 19 2023Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel filed.
Main DocumentProof of Service
Jul 24 2023Complete 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 2023Brief of respondent United States filed.
Proof of ServiceMain Document
Jul 27 2023CIRCULATED
Aug 16 2023Motion DISTRIBUTED for Conference of 9/26/2023.
Aug 23 2023Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 02 2023Motion 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 2023Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 15 2024Adjudged 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 2024Judgment Issued.
Main Document
Aug 13 2024Record returned to the United States Court of Appeals for the Eighth Circuit.

NAMEADDRESSPHONE
Attorneys for Petitioner
Shay Dvoretzky
    Counsel of Record		Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Ave., NW
Washington, DC 20005

shay.dvoretzky@skadden.com		202-371-7370
Party name: Mark E. Pulsifer
J. Robert BlackBlack & Weir Law Offices, LLC
209 S. 19th St. Suite 650
Omaha, NE 68102

rob@blackweirlaw.com		402-513-3650
Party name: Mark E. Pulsifer
Attorneys for Respondent
Elizabeth B. Prelogar
    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
Vincent J. Brunkow
    Counsel of Record		Federal Defenders of San Diego
225 Broadway, Ste. 900
San Diego, CA 92101

VINCE_BRUNKOW@FD.ORG		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		(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		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		5133812838
Party name: Professors Thomas R. Lee, Kevin Tobia, and Jesse Egbert