Record returned to Supreme Court of Missouri.

MANDATE ISSUED.

Adjudged to be AFFIRMED. Sotomayor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Scalia, Kennedy, Ginsburg, and Kagan, JJ., joined, and an opinion with respect to Parts II-C and III, in which Scalia, Ginsburg, and Kagan, JJ., joined. Kennedy, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Breyer and Alito, JJ., joined. Thomas, J., filed a dissenting opinion.

Argued. For petitioner: John N. Koester, Jr., Assistant Prosecuting Attorney, Jackson, Mo.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Steven R. Shapiro, New York, N. Y.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner Missouri filed. (Distributed)

Record received from The Supreme Court State of Missouri. (1 Box)

Brief amici curiae of Law Professors filed. (Distributed)

Brief amici curiae of National College for DUI Defense, et al. filed. (Distributed)

Brief amicus curiae of Rutherford Institute filed. (Distributed)

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

Brief of respondent Tyler G. McNeely filed. (Distributed)

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

CIRCULATED.

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

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

Brief amici curiae of Delaware, et al. filed. (Distributed)

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.

Joint appendix filed. (Statement of costs received)

Brief of petitioner Missouri filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

SET FOR ARGUMENT ON Wednesday, January 9, 2013

Petition GRANTED.

Reply of petitioner Missouri filed. (Distributed)

DISTRIBUTED for Conference of September 24, 2012.

Brief of respondent Tyler G. McNeely in opposition filed.

Order extending time to file response to petition to and including July 25, 2012.

Petition for a writ of certiorari filed. (Response due June 25, 2012)

Missouri, Petitioner, represented by John N. Koester Jr.

Delaware, et al., Respondent, represented by Paul R. Wallace

Tyler G. McNeely, Respondent, represented by Steven R. Shapiro

Law Professors, Amicus Curiae, represented by David C. Frederick

Missouri v. Tyler G. McNeely, Amicus Curiae, represented by Nicole A. Saharsky

Mothers Against Drunk Driving, Amicus Curiae, represented by James C. Ho

National College for DUI Defense, et al., Amicus Curiae, represented by Jeffrey T. Green

National District Attorneys Association, et al., Amicus Curiae, represented by Albert C. Locher

Rutherford Institute, Amicus Curiae, represented by John W. Whitehead

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