Record returned to U.D.C.A. for Tenth Circut.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Alito, and Sotomayor, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, in which Breyer, J., joi... (orders list)

Motion for leave to file amicus brief filed by Rutherford Institute GRANTED. Justice Kagan took no part in the consideration or decision of this motion. (orders list)

Argued. For petitioner: Sean R. Gallagher, Denver, Colo.; and Sri Srinivasan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: David A. Lane, Denver, Colo.

Reply of petitioners Virgil D. Reichle, Jr., et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion. (orders list)

Motion for leave to file amicus brief filed by Rutherford Institute.

Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)

Brief of respondent Steven Howards filed. (Distributed)

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

CIRCULATED.

Brief amici curiae of International City/County Management Association, et al. filed.

Brief amicus curiae of William G. Moore, Jr. in support of neither party filed.

Brief amici curiae of FBI Agents Association, et al. filed.

Brief amicus curiae of United States filed.

Brief of petitioners Virgil D. Reichle, Jr., et al. filed.

Joint appendix filed. (Statement of costs filed)

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

Record received from U.S.C.A. for10th Circuit. (1 box)

Record from U.S.D.C. for the District of Colorado is electronic.

SET FOR ARGUMENT ON Wednesday, March 21, 2012.

SET FOR ARGUMENT ON Wednesday, March 21, 2011.

Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition. (orders list)

Letter of November 17, 2011, from counsel for respondent received. (Distributed)

DISTRIBUTED for Conference of December 2, 2011.

Letter of November 10, 2011, from counsel for petitioners received.

Brief amici curiae of Colorado and Twenty Other States filed.

Brief amicus curiae of United States filed.

Order extending time to file response to petition to and including November 10, 2011.

Petition for a writ of certiorari filed. (Response due September 29, 2011)

Application (11A47) granted by Justice Sotomayor extending the time to file until August 25, 2011.

Application (11A47) to extend the time to file a petition for a writ of certiorari from July 24, 2011 to August 25, 2011, submitted to Justice Sotomayor.

Virgil D. Reichle, Jr., et al., Petitioner, represented by Sean R. Gallagher

Steven Howards, Respondent, represented by David A. Lane

American Civil Liberties Union, et al., Amicus Curiae, represented by Christopher A. Hansen

Colorado and Twenty Other States, Amicus Curiae, represented by Daniel D. Domenico

FBI Agents Association, et al., Amicus Curiae, represented by J. Brett Busby

International City/County Management Association, et al., Amicus Curiae, represented by Lisa E. Soronen

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

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

Virgil D., Amicus Curiae, represented by Sri Srinivasan

William G. Moore, Jr., Amicus Curiae, represented by Paul Michael Pohl