Decided

No. 14-1468

Danny Birchfield v. North Dakota

from the Supreme Court of North Dakota

See other cases from North Dakota.

Docket Entries

JUDGMENT ISSUED

MANDATE ISSUED

Judgment in No. 14-1468 REVERSED and case REMANDED. Judgment in No. 14-1470 AFFIRMED. Judgment in No. 14-1507 VACATED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part.

Argued. For petitioners: Charles A. Rothfeld, Washington, D. C. For respondents in Nos. 14-1468 & 14-1507: Thomas R. McCarthy, Arlington, Va. For respondent in 14-1470: Kathryn Keena, Assistant Dakota County Attorney, Hastings, Minn. For United States as amicus curiae in support of respondents: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.

Reply of petitioner Danny Birchfield filed. (Distributed.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for enlargement of time for oral argument, and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent North Dakota, 10 minutes for respondent Minnesota, and 10 minutes for the Solicitor General. VIDED

Brief amici curiae of The Council of State Governments, et al. filed. VIDED. (Distributed)

Brief amici curiae of The National District Attorneys Association, et al. filed. VIDED. (Distributed)

Brief amicus curiae of Mothers Against Drunk Driving filed. VIDED. (Distributed)

Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Brief amici curiae of New Jersey and Seventeen Other States filed. VIDED. (Distributed)

Brief amicus curiae of United States filed. VIDED. (Distributed)

Brief amicus curiae of The California District Attorneys Association filed. VIDED. (Distributed)

Brief of respondent North Dakota filed. (Distributed)

CIRCULATED.

Record requested from the Supreme Court of North Dakota.

SET FOR ARGUMENT ON Wednesday, April 20, 2016. VIDED

Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party GRANTED. VIDED

Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED

Brief amicus curiae of American Civil Liberties Union filed. VIDED.

Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED.

Brief amici curiae of Downsize DC Foundation, et al. filed. VIDED.

Brief amicus curiae of DUI Defense Lawyers Association filed. VIDED.

Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED.

Motion to dispense with printing the joint appendix filed by petitioner Danny Birchfield. VIDED.

Brief of petitioner Danny Birchfield filed.

The time to file the joint appendix and petitioners' briefs on the merits is extended to and including February 4, 2016. VIDED

The time to file respondents' briefs on the merits is extended to and including March 15, 2016. VIDED

Petition GRANTED The petitions for writs of certiorari in No. 14-1470 and No. 14-1507 are granted. The cases are consolidated and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of December 11, 2015.

DISTRIBUTED for Conference of December 4, 2015.

Reply of petitioner Danny Birchfield filed.

Brief of respondent North Dakota in opposition filed.

Order extending time to file response to petition to and including September 24, 2015.

Response Requested . (Due September 9, 2015)

DISTRIBUTED for Conference of September 28, 2015.

Waiver of right of respondent North Dakota to respond filed.

Petition for a writ of certiorari filed. (Response due July 16, 2015)

Application (14A1122) granted by Justice Alito extending the time to file until June 12, 2015.

Application (14A1122) to extend the time to file a petition for a writ of certiorari from May 13, 2015 to July 10, 2015, submitted to Justice Alito.

Parties

Danny Birchfield, Petitioner, represented by Charles A. Rothfeld

Grant Levi, Director, North Dakota Department of Transportation, Respondent, represented by Douglas A. Bahr

Minnesota, Respondent, represented by Kathryn M. Keena

North Dakota, Respondent, represented by Thomas R. McCarthy

North Dakota, Respondent, represented by Brian D. Grosinger

North Dakota, Respondent, represented by Justin Balzer

Amici Curiae

American Civil Liberties Union, Amicus Curiae, represented by Catherine E. Stetson

Downsize DC Foundation, et al., Amicus Curiae, represented by Herbert W. Titus

DUI Defense Lawyers Association, Amicus Curiae, represented by Daniel J. Koewler

Indiana Tech Law School Amicus Project, Amicus Curiae, represented by Adam Lamparello

Mothers Against Drunk Driving, Amicus Curiae, represented by David Ray Venderbush

New Jersey and Seventeen Other States, Amicus Curiae, represented by Jennifer E Kmieciak

The California District Attorneys Association, Amicus Curiae, represented by Michael J. Yraceburn

The Council of State Governments, et al., Amicus Curiae, represented by Gregory G. Garre

The National College for DUI Defense, and The National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Leonard Russell Stamm

The National District Attorneys Association, et al., Amicus Curiae, represented by Kay LuAnne Chopard Cohen

United States, Amicus Curiae, represented by Ian Heath Gershengorn

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

 
Last updated: March 29, 2017