United States v. Kebodeaux
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-418 | 5th Cir. | Apr 17, 2013 | Jun 24, 2013 | 7-2 | Breyer | OT 2012 |
Holding: As applied to respondent Anthony Kebodeaux, the registration requirements of the Sex Offender Registration and Notification Act fall within the scope of Congress’s authority under the Necessary and Proper Clause.
Judgment: Reversed, 7-2, in an opinion by Justice Breyer on June 24, 2013. Chief Justice Roberts and Justice Alito filed opinions concurring in the judgment. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined as to parts I, II, and III-B.
SCOTUSblog Coverage
- Opinion analysis: A modest ruling, or vast federal authority? (Steven Schwinn, June 24, 2013)
- Details: United States v. Kebodeaux (Mike Gottlieb, June 24, 2013)
- Argument review: Looking for limits on congressional authority (Steven Schwinn, April 18, 2013)
- Argument preview: Can Congress punish a former sex offender for failure to register? (Steven Schwinn, April 11, 2013)
| Date | Proceedings and Orders |
|---|---|
| Oct 4 2012 | Petition for a writ of certiorari filed. (Response due November 5, 2012) |
| Oct 16 2012 | Order extending time to file response to petition to and including December 5, 2012. |
| Dec 5 2012 | Brief of respondent Anthony James Kebodeaux in opposition filed. |
| Dec 5 2012 | Motion for leave to proceed in forma pauperis filed by respondent Anthony James Kebodeaux. |
| Dec 19 2012 | DISTRIBUTED for Conference of January 11, 2013. |
| Dec 21 2012 | Reply of petitioner United States filed. (Distributed) |
| Jan 11 2013 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Jan 11 2013 | Petition GRANTED. |
| Feb 11 2013 | SET FOR ARGUMENT ON Wednesday, April 17, 2013 |
| Feb 25 2013 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| Feb 25 2013 | Brief of petitioner United States filed. |
| Feb 28 2013 | Record received from the U.S.D.C. Western District of Texas, El Paso Division. (1 Box) |
| Mar 4 2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Mar 8 2013 | CIRCULATED. |
| Mar 15 2013 | Record from U.S.C.A. for 5th Circuit is electronic. |
| Mar 27 2013 | Brief of respondent Anthony James Kebodeaux filed. (Distributed) |
| Apr 3 2013 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| Apr 10 2013 | Reply of petitioner United States filed. (Distributed) |
| Apr 17 2013 | Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: M. Carolyn Fuentes, Assistant Federal Public Defender, San Antonio, Tex. |
| Jun 24 2013 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., and Alito, J., filed opinions concurring in the judgment. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined as to Parts I, II, and III-B. |
| Jul 26 2013 | JUDGMENT ISSUED. |
| Jul 29 2013 | Record returned to U.S.D.C. for Western District of Texas, Ep Laso Division. |
