from the United States Court of Appeals for the Second Circuit
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JUDGMENT ISSUED.
Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
Rescheduled.
Petition for Rehearing filed.
DISTRIBUTED.
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.
Argued. For petitioner: Sarah Baumgartel, New York, N. Y. For respondent: Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C.
Reply of Herman Gundy submitted.
Reply of petitioner Herman Gundy filed. (Distributed)
Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Record requested from the U.S.C.A. 2nd Circuit.
CIRCULATED
Brief of respondent United States filed. (Distributed)
Brief of United States submitted.
SET FOR ARGUMENT On Tuesday, October 2, 2018
Amicus brief of The Becket Fund for Religious Liberty submitted.
Amicus brief of Amanda Agan, Catherine L. Carpenter, Ira Ellman, R. Karl Hanson, Eric Janus , Richard A. Leo, Chrysanthi Leon, Jill S. Levenson, Wayne A. Logan, J.J. Prescott, Michael Seto, Jonathan Simon, Christopher Slobogin, Richard Wollert, Franklin Zimring submitted.
Amicus brief of The Becket Fund for Religious Liberty not accepted for filing. (A corrected brief has been submitted - June 1, 2018)
Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Brief amici curiae of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors filed.
Brief amicus curiae of American Civil Liberties Union filed.
Brief amici curiae of Scholars Whose Work Includes Sex Offense Studies filed.
Brief amicus curiae of Institute for Justice filed.
Brief amici curiae of Downsize DC Foundation, et al. filed.
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Brief amicus curiae of New Civil Liberties Alliance filed.
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Amicus brief of American Civil Liberties Union submitted.
Amicus brief of National Association of Criminal Defense Lawyers submitted.
Amicus brief of 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 submitted.
Amicus brief of The Becket Fund for Religious Liberty submitted.
Amicus brief of Institute for Justice submitted.
Amicus brief of William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors submitted.
Amicus brief of Herman Gundy submitted.
Amicus brief of Center for Constitutional Jurisprudence submitted.
Amicus brief of New Civil Liberties Alliance submitted.
Brief amicus curiae of Pacific Legal Foundation filed.
Amicus brief of Pacific Legal Foundation submitted.
Brief amici curiae of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute filed.
Amicus brief of Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute submitted.
Brief amicus curiae of The National Association of Federal Defenders filed.
Amicus brief of The National Association of Federal Defenders submitted.
Joint appendix filed.
Joint appendix filed. (Statement of costs filed)
Brief of petitioner Herman Gundy filed.
Brief amici curiae of Cato Institute & Cause of Action Institute filed.
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.
Motion for an extension of time filed.
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.
Rescheduled.
Brief of respondent United States in opposition filed.
Order extending time to file response to petition to and including December 18, 2017.
Response Requested. (Due November 16, 2017)
Waiver of right of respondents United States to respond filed.
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2017)
Herman Gundy, Petitioner, represented by Sarah Baumgartel
Amanda Agan, Catherine L. Carpenter, Ira Ellman, R. Karl Hanson, Eric Janus , Richard A. Leo, Chrysanthi Leon, Jill S. Levenson, Wayne A. Logan, J.J. Prescott, Michael Seto, Jonathan Simon, Christopher Slobogin, Richard Wollert, Franklin Zimring, Amicus Curiae, represented by Sean Hecker
American Civil Liberties Union, Amicus Curiae, represented by David D. Cole
Cato institute, Cause of Action Institute, Amicus Curiae, represented by Ilya Shapiro
Center for Constitutional Jurisprudence, Amicus Curiae, represented by Anthony Thomas Caso
Competitive Enterprise Institute, Reason Foundation, Cascade Policy Institute, Amicus Curiae, represented by Sam Kazman
Institute for Justice, Amicus Curiae, represented by Daniel Lamar Alban
Institute for Justice, Amicus Curiae, represented by Sheldon Gilbert
National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Donald Manwell Falk
New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell
Pacific Legal Foundation, Amicus Curiae, represented by Todd F. Gaziano
Scholars Whose Work Includes Sex Offense Studies, Amicus Curiae, represented by Sean Hecker
The Becket Fund for Religious Liberty, Amicus Curiae, represented by Eric Christopher Rassbach
The National Association of Federal Defenders, Amicus Curiae, represented by Donna F. Coltharp
William D. Araiza and 14 Other Constitutional, Criminal and Administrative Law Professors, Amicus Curiae, represented by Andrew D. Silverman