 |
| |||||||
| |||||||
|
No. 04-104, United States v. Booker
No. 04-105, United States v. Fanfan
Argued October 4, 2004
Acting Solicitor General Clement argued the cause for the United
States in both cases. With him on the brief were Assistant Attorney General
Wray, Deputy Solicitor General Dreeben, James A. Feldman, Dan
Himmelfarb, and Nina Goodman.
T. Christopher Kelly argued the cause for respondent in No. 04-104.
With him on the brief was Dean A. Strang. Rosemary Curran Scapicchio
argued the cause for respondent in No. 04-105. With her on the brief were
Carter G. Phillips, Jeffrey T. Green, Eric A. Shumsky, and Martin G.
Weinberg.
Briefs of amici curiae urging reversal in both cases were filed for the
United States Sentencing Commission by James K. Robinson, Charles R.
Tetzlaff, and Pamela O. Barron; and for the Honorable Orrin G. Hatch et al.
by Gregory G. Garre.
Briefs of amici curiae urging affirmance in both cases were filed for
Families Against Mandatory Minimums by Gregory L. Poe, Roy T. Englert,
Jr., Max Huffman, and Mary Price; for the Federal Public Defender,
Northern District of Texas, by Ira R. Kirkendoll and Carlos R. Cardona; for
the National Association of Criminal Defense Lawyers by Samuel J. Buffone,
David O. Stewart, Thomas C. Goldstein, Amy Howe, and David M. Porter; for
the National Association of Federal Defenders by Paul M. Rashkind, Carol A.
Brook, Henry J. Bemporad, and Frances H. Pratt; for the New York Council of
Defense Lawyers by Alexandra A. E. Shapiro and Lewis J. Liman; for the
Washington Legal Foundation et al. by Donald B. Verrilli, Jr., Elaine J.
Goldenberg, Daniel J. Popeo, and Paul D. Kamenar; and for Thomas F. Liotti,
by Mr. Liotti, pro se.
John S. Martin, Jr., filed a brief for an Ad Hoc Group of Former
Federal Judges as amici curiae in both cases.
* * *
No. 03-674, Jama v. Immigration and Customs Enforcement
Argued October 12, 2004
Jeffrey J. Keyes argued the cause for petitioner. With him on the briefs
was Kevin M. Magnuson.
Malcolm L. Stewart argued the cause for respondent. With him on the
brief were Acting Solicitor General Clement, Assistant Attorney General
Keisler, Deputy Solicitor General Kneedler, Donald E. Keener, and Greg D.
Mack.
Briefs of amici curiae urging reversal were filed for International
Human Rights Organizations et al. by Jonathan L. Hafetz and Lawrence S.
Lustberg; and for Yusuf Ali Ali et al. by Thomas L. Boeder and Nicholas P.
Gellert.
Daniel J. Popeo and Richard A. Samp filed a brief for the Washington
Legal Foundation et al. as amici curiae urging affirmance.
* * *
No. 03-878, Clark, Field Office Director, Seattle, Immigration and Customs
Enforcement, et al. v. Suarez Martinez
No. 03-7434, Benitez v. Rozos, Field Office Director, Miami, Immigration and
Customs Enforcement
Argued October 13, 2004
Deputy Solicitor General Kneedler argued the cause for petitioners in
No. 03-878 and respondent in No. 03-7434. With him on the briefs were
Acting Solicitor General Clement, former Solicitor General Olson, Assistant
Attorney General Keisler, Patricia A. Millett, and Donald E. Keener.
Christine Stebbins Dahl, by appointment of the Court, 541 U. S. ___,
argued the cause for respondent in No. 03-878. With her on the brief was
Stephen R. Sady.
John S. Mills, by appointment of the Court, 541 U. S. ___, argued the
cause for petitioner in No. 03-7434. With him on the briefs were Tracy S.
Carlin and Rebecca B. Creed.
Briefs of amici curiae urging reversal in No. 03-7434 were filed for the
American Bar Association by Dennis W. Archer, John J. Gibbons, Lawrence
S. Lustberg, Jonathan L. Hafetz, and Philip G. Gallagher; for the American
Civil Liberties Union by Judy Rabinovitz, Lucas Guttentag, Steven R.
Shapiro, Paul A. Engelmayer, and David Sapir Lesser; for the American
Immigration Law Foundation Legal Action Center et al. by George E. Quillin,
G. Michael Halfenger, and Michael D. Leffel; for the Florida Immigrant
Advocacy Center et al. by Stephen F. Hanlon; for the Lawyers Committee for
Human Rights et al. by Steven E. Fineman, Bill Lann Lee, and Deborah
Pearlstein; for Legal and Service Organizations by Joseph F. Tringali; for the
North Carolina Justice and Community Development Center by James E.
Coleman, Jr.; and for Regina Germain et al. by David J. Bodney.
Daniel J. Popeo and Richard A. Samp filed a brief for the Washington
Legal Foundation et al. as amici curiae urging affirmance in No. 03-7434 and
reversal in No. 03-878.
Briefs of amici curiae urging affirmance in No. 03-878 were filed for
the Cuban American Bar Association et al. by Catherine E. Stetson, William
H. Johnson, and Gilbert Paul Carrasco; for National Refugee Resettlement
and Advocacy Organizations by Peter M. Friedman; for Religious
Organizations by Isabelle M. Carrillo; and for Stuart E. Eizenstat et al. by
David H. Remes.
Jonathan J. Ross and Melford O. Cleveland filed a brief for Law
Professors as amici curiae in No. 03-7434.
* * *
No. 03-923, Illinois v. Caballes
Argued November 10, 2004
Lisa Madigan, Attorney General of Illinois, argued the cause for
petitioner. With her on the briefs were Gary Feinerman, Solicitor General,
and Linda D. Woloshin and Mary Fleming, Assistant Attorneys General.
Assistant Attorney General Wray argued the cause for the United
States as amicus curiae urging reversal. With him on the brief were former
Solicitor General Olson, Deputy Solicitor General Dreeben, James A.
Feldman, and John A. Drennan.
Ralph E. Meczyk argued the cause for respondent. With him on the
brief was Lawrence H. Hyman.
Briefs of amici curiae urging reversal were filed for the State of
Arkansas et al. by Mike Beebe, Attorney General of Arkansas, Lauren
Elizabeth Heil, Assistant Attorney General, and Dan Schweitzer, and by the
Attorneys General for their respective States as follows: Troy King of
Alabama, Terry Goddard of Arizona, Christopher L. Morano of Connecticut,
M. Jane Brady of Delaware, Thurbert E. Baker of Georgia, Mark J. Bennett of
Hawaii, Lawrence G. Wasden of Idaho, Steve Carter of Indiana, Phill Kline of
Kansas, Charles C. Foti of Louisiana, G. Steven Rowe of Maine, J. Joseph
Curran, Jr., of Maryland, Michael A. Cox of Michigan, Jon Bruning of
Nebraska, Peter C. Harvey of New Jersey, Patricia A. Madrid of New Mexico,
Roy Cooper of North Carolina, Wayne Stenehjem of North Dakota, Jim Petro
of Ohio, Hardy Myers of Oregon, Henry D. McMaster of South Carolina,
Lawrence E. Long of South Dakota, Greg Abbott of Texas, Mark L. Shurtleff
of Utah, William H. Sorrell of Vermont, Jerry Kilgore of Virginia, and Patrick
J. Crank of Wyoming; and for the Illinois Association of Chiefs of Police et al.
by James G. Sotos.
Briefs of amici curiae urging affirmance were filed for the American
Civil Liberties Union et al. by Barry Sullivan, Jacob I. Corr‚, Steven R.
Shapiro, and Harvey Grossman; and for the National Association of Criminal
Defense Lawyers by Jeffrey T. Green, John Wesley Hall, Jr., and David M.
Siegel.
* * *
No. 03-892, Commissioner of Internal Revenue v. Banks; and
No. 03-907, Commissioner of Internal Revenue v. Banaitis
Argued November 1, 2004
David B. Salmons argued the cause pro hac vice for petitioner in both
cases. With him on the briefs were former Solicitor General Olson, Acting
Solicitor General Clement, Assistant Attorney General O'Connor, Deputy
Solicitor General Hungar, Richard Farber, and Kenneth W. Rosenberg.
James R. Carty argued the cause pro hac vice for respondent in No. 03-
892. With him on the briefs were Robert G. Wilson, Russell R. Young, Roger
J. Jones, William J. Wise, and Glenn P. Schwartz. Philip N. Jones argued the cause for
respondent in No. 03-907. With him on the briefs were Peter J. Duffy, Holly
N. Mitchell, and Eric Schnapper.
A brief of amici curiae urging reversal in both cases was filed for Gregg
D. Polsky et al. by Mr. Polsky, pro se, and Brant J. Hellwig, pro se.
Briefs of amici curiae urging affirmance in both cases were filed for the
Association of Trial Lawyers of America by Jeffrey Robert White and Todd A.
Smith; for the Equal Employment Advisory Council by Ann Elizabeth
Reesman; for the Lawyers' Committee for Civil Rights Under Law et al. by
Jerome B. Libin, Mary E. Monahan, Barbara R. Arnwine, Michael L.
Foreman, Sarah C. Crawford, Audrey J. Wiggins, Ira A. Burnim, Vincent A.
Eng, Dennis C. Hayes, and Dina R. Lassow; for the Mountain States Legal
Foundation et al. by William Perry Pendley and J. Scott Detamore; for the
National Employment Lawyers Association et al. by Douglas B. Huron,
Victoria W. Ni, Richard A. Marcantonio, Richard A. Rothschild, Theodore M.
Shaw, Norman J. Chachkin, Robert H. Stroup, and Thomas W. Osborne; for
the Taxpayers Against Fraud Education Fund by Charles J. Cooper and
Hamish P. M. Hume; and for Kenneth W. Gideon et al. by Mr. Gideon, pro se.
Briefs of amici curiae were filed in both cases for the Oregon Trial
Lawyers Association by Richard S. Yugler; for Stephen B. Cohen by Mr.
Cohen, pro se; and for Charles Davenport by Mr. Davenport, pro se.
* * *
No. 03-9560, Howell, aka Cox v. Mississippi
Argued November 29, 2004
Ronnie Monroe Mitchell argued the cause for petitioner. With him on
the briefs were Andre de Gruy, Duncan Lott, and William Odum Richardson,
by appointment of the Court, 543 U.S. 977.
Jim Hood, Attorney General of Mississippi, argued the cause for
respondent. With him on the brief was Judy Thomas Martin, Special
Assistant Attorney General.
Kent S. Scheidegger filed a brief for the Criminal Justice Legal
Foundation as amicus curiae.
* * *
No. 03-8661, Smith v. Massachusetts
Argued December 1, 2004
David Nathanson argued the cause and filed briefs for petitioner.
Cathryn A. Neaves, Assistant Attorney General of Massachusetts,
argued the cause for respondent. With her on the brief were Thomas F.
Reilly, Attorney General, Dean A. Mazzone and Joseph M. Ditkoff, Special
Assistant Attorneys General, and David M. Lieber, Assistant Attorney
General.
Sri Srinivasan argued the cause for the United States as amicus curiae
urging affirmance. With him on the brief were Acting Solicitor General
Clement, Assistant Attorney General Wray, and Deputy Solicitor General
Dreeben.
Andrew H. Schapiro and Pamela Harris filed a brief for the National
Association of Criminal Defense Lawyers as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of
Idaho et al. by Lawrence G. Wasden, Attorney General of Idaho, and Kenneth
K. Jorgensen, Lori A. Fleming, and Jessica M. Borup, Deputy Attorneys
General, Troy King, Attorney General of Alabama, Gregg D. Renkes, Attorney
General of Alaska, Terry Goddard, Attorney General of Arizona, M. Jane
Brady, Attorney General of Delaware, Mark J. Bennett, Attorney General of
Hawaii, Lisa Madigan, Attorney General of Illinois, Tom Miller, Attorney
General of Iowa, Mike McGrath, Attorney General of Montana, Jon Bruning,
Attorney General of Nebraska, Brian Sandoval, Attorney General of Nevada,
Kelly A. Ayotte, Attorney General of New Hampshire, Wayne Stenehjem,
Attorney General of North Dakota, Jim Petro, Attorney General of Ohio, W.
A. Drew Edmondson, Attorney General of Oklahoma, Hardy Myers, Attorney
General of Oregon, Gerald J. Pappert, Attorney General of Pennsylvania,
Patrick C. Lynch, Attorney General of Rhode Island, Mark L. Shurtleff,
Attorney General of Utah, William H. Sorrell, Attorney General of Vermont,
Jerry W. Kilgore, Attorney General of Virginia, and William E. Thor, State
Solicitor General, and Darrell V. McGraw, Jr., Attorney General of West
Virginia; and for the Criminal Justice Legal Foundation by Kent S.
Scheidegger and Charles L. Hobson.
* * *
No. 03-814, Stewart v. Dutra Construction Co.
Argued November 1, 2004
David B. Kaplan argued the cause for petitioner. With him on the
briefs were Thomas M. Bond, David W. Robertson, and Michael F. Sturley.
Lisa S. Blatt argued the cause for the United States as amicus curiae
urging reversal. With her on the brief were former Solicitor General Olson,
Deputy Solicitor General Hungar, Howard M. Radzely, Allen H. Feldman,
and Mark S. Flynn.
Frederick E. Connelly, Jr., argued the cause for respondent. With him
on the brief were Harvey Weiner and John J. O'Connor
Briefs of amici curiae urging reversal were filed for the Association of
Trial Lawyers of America by John W. deGravelles and David S. Casey, Jr.; for
Diamond Offshore Drilling, Inc., et al. by James Patrick Cooney; and for the
United Brotherhood of Carpenters and Joiners of America by John R.
Hillsman and John T. DeCarlo.
Briefs of amici curiae urging affirmance were filed for the Signal
Mutual Indemnity Association by John J. Walsh; and for T. W. LaQuay
Dredging, Inc., by Gus David Oppermann V.
* * *
No. 03-636, Johnson v. California et al.
Argued November 2, 2004
Bert H. Deixler argued the cause for petitioner. With him on the briefs
were Charles S. Sims, Lois D. Thompson, and Tanya L. Forsheit.
Acting Solicitor General Clement argued the cause for the United
States as amicus curiae urging reversal. With him on the brief were former
Solicitor General Olson, Assistant Attorney General Acosta, David B.
Salmons, David K. Flynn, and Tovah R. Calderon.
Frances T. Grunder, Senior Assistant Attorney General of California,
argued the cause for respondents. With her on the brief were Bill Lockyer,
Attorney General, Manuel M. Medeiros, Solicitor General, Robert R.
Anderson, Chief Assistant Attorney General, and Sara Turner, Supervising
Deputy Attorney General.
Briefs of amici curiae urging reversal were filed for the American Civil
Liberties Union et al. by Elizabeth Alexander, David C. Fathi, Steven R.
Shapiro, Jordan C. Budd, Alan Schlosser, and Mark D. Rosenbaum; and for
Former State Corrections Officials by Michael C. Small.
Briefs of amici curiae urging affirmance were filed for the State of
Utah et al. by Mark L. Shurtleff, Attorney General of Utah, and Gene C.
Schaerr, and by the Attorneys General for their respective States as follows:
Troy King of Alabama, Gregg D. Renkes of Alaska, M. Jane Brady of
Delaware, Lawrence G. Wasden of Idaho, Brian Sandoval of Nevada, Kelly A.
Ayotte of New Hampshire, and Wayne Stenehjem of North Dakota; and for the
National Association of Black Law Enforcement Officers, Inc., by David T.
Goldberg.
John H. Findley filed a brief for the Pacific Legal Foundation as amici
curiae.
* * *
No. 03-633, Roper, Superintendent, Potosi Correctional Center v. Simmons
Argued October 13, 2004
James R. Layton, State Solicitor of Missouri, argued the cause for
petitioner. With him on the briefs were Jeremiah W. (Jay) Nixon, Attorney
General, and Stephen D. Hawke and Evan J. Buchheim, Assistant Attorneys
General.
Seth P. Waxman argued the cause for respondent. With him on the
brief were David W. Ogden and Jennifer Herndon, by appointment of the
Court, 541 U. S. 1040.
A brief of amici curiae urging reversal was filed for the State of
Alabama et al. by Troy King, Attorney General of Alabama, Kevin C.
Newsom, Solicitor General, and A. Vernon Barnett IV, Deputy Solicitor
General, and by the Attorneys General for their respective States as follows:
M. Jane Brady of Delaware, W. A. Drew Edmondson of Oklahoma, Greg
Abbott of Texas, Mark L. Shurtleff of Utah, and Jerry W. Kilgore of Virginia.
Briefs of amici curiae urging affirmance were filed for the State of New
York et al. by Eliot Spitzer, Attorney General of New York, Caitlin J.
Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, and
Jean Lin and Julie Loughran, Assistant Solicitors General, and by the
Attorneys General for their respective States as follows: Thomas J. Miller of
Iowa, Phill Kline of Kansas, J. Joseph Curran, Jr., of Maryland, Mike Hatch
of Minnesota, Patricia A. Madrid of New Mexico, Hardy Myers of Oregon, and
Darrell V. McGraw, Jr., of West Virginia; for the American Bar Association
by Dennis W. Archer, Amy R. Sabrin, and Matthew W. S. Estes; for the
American Psychological Association et al. by Drew S. Days III, Beth S.
Brinkmann, Sherri N. Blount, Timothy C. Lambert, Nathalie F. P. Gilfoyle,
and Lindsay Childress-Beatty; for the Coalition for Juvenile Justice by Joseph
D. Tydings; for the Constitution Project by Laurie Webb Daniel and Virginia
E. Sloan; for the Human Rights Committee of the Bar of England and Wales
et al. by Michael Bochenek, Audrey J. Anderson, William H. Johnson, and
Thomas H. Speedy Rice; for the Juvenile Law Center et al. by Marsha L.
Levick, Lourdes M. Rosado, Steven A. Drizin, Barbara Bennett Woodhouse,
Michael C. Small, and Jeffrey P. Kehne; for the Missouri Ban Youth
Executions Coalition by Joseph W. Luby; for the NAACP Legal Defense and
Educational Fund, Inc., et al. by Theodore M. Shaw, Norman J. Chachkin,
Miriam Gohara, Christina A. Swarns, Steven R. Shapiro, and Diann Y. Rust-
Tierney; for the United States Conference of Catholic Bishops et al. by Mark
E. Chopko and Michael F. Moses; and for Former U. S. Diplomats Morton
Abramowitz et al. by Harold Hongju Koh, Donald Francis Donovan, and
Stephen B. Bright.
Briefs of amici curiae were filed for the European Union et al. by
Richard J. Wilson; for the American Medical Association et al. by Joseph T.
McLaughlin, E. Joshua Rosenkranz, and Stephane M. Clare; for the Justice
for All Alliance by Dan Cutrer; for Murder Victims' Families for
Reconciliation by Kate Lowenstein; for the National Legal Aid and Defender
Association by Michael Mello; and for President James Earl Carter, Jr., et al.
by Thomas F. Geraghty.
* * *
No. 02-1472, Cherokee Nation of Oklahoma et al. v. Thompson, Secretary of
Health and Human Services, et al.; and
No. 03-853, Thompson, Secretary of Health and Human Services v. Cherokee
Nation of Oklahoma
Argued November 9, 2004
Lloyd B. Miller argued the cause for petitioners in No. 02-1472 and
respondent in No. 03-853. With him on the briefs were Arthur Lazarus, Jr.,
Harry R. Sachse, William R. Perry, Carter G. Phillips, and Stephen B.
Kinnaird.
Sri Srinivasan argued the cause for the federal parties in both cases.
With him on the brief were Acting Solicitor General Clement, Assistant
Attorney General Keisler, Deputy Solicitor General Kneedler, Barbara C.
Biddle, Jeffrica Jenkins Lee, and Alex M. Azar II.
Briefs of amici curiae urging reversal in No. 02-1472 and affirmance in
No. 03-853 were filed for the National Congress of American Indians by
Edward C. DuMont; and for the Tunica-Biloxi Tribe of Louisiana by Michael
P. Gross and C. Bryant Rogers. Ian Heath Gershengorn, Donald B. Verrilli,
Jr., Herbert L. Fenster, and Robin S. Conrad filed a brief for the Chamber of
Commerce of the United States of America et al. as amici curiae urging
affirmance in No. 03-853.
Geoffrey D. Strommer, Joseph H. Webster, and Charles A. Hobbs filed a
brief for the Seldovia Village Tribe as amicus curiae.
* * *
Search Tip: Use the binocular icons to search within PDF documents.
HOME |
ABOUT THE COURT |
DOCKET |
ORAL ARGUMENTS |
MERITS BRIEFS |
BAR ADMISSIONS |
COURT RULES
Last Updated: January 6, 2006
|
