Rehaif v. United States
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-9560 | Apr 23, 2019 | Jun 21, 2019 | 7-2 | Breyer | OT 2018 |
Holding: In a prosecution under 18 U. S. C. "922(g) and "924(a)(2), the government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on June 21, 2019. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.
SCOTUSblog Coverage
- Symposium: Immigration at the Roberts Court one year after Kennedys retirement (John Malcolm, July 25, 2019)
- Opinion analysis: Felons-in-possession must know they are felons (Evan Lee, June 21, 2019)
- A "view" from the courtroom: "We break no new legal ground" (Mark Walsh, June 21, 2019)
- Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon (Evan Lee, April 24, 2019)
- Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally? (Evan Lee, April 16, 2019)
- OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
- Eight new grants, Ginsburg recovery from surgery on track (Amy Howe, January 11, 2019)
| Date | Proceedings and Orders |
|---|---|
| 06/21/2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018) |
| 07/03/2018 | Waiver of right of respondent United States to respond filed. |
| 07/12/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 07/24/2018 | Response Requested. (Due August 23, 2018) |
| 08/10/2018 | Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk. |
| 08/13/2018 | Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018. |
| 09/17/2018 | Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk. |
| 09/18/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including October 24, 2018. |
| 10/24/2018 | Brief of respondent United States in opposition filed. |
| 11/07/2018 | Reply of petitioner Hamid Rehaif filed. (Distributed) |
| 11/08/2018 | DISTRIBUTED for Conference of 11/30/2018. |
| 12/03/2018 | DISTRIBUTED for Conference of 12/7/2018. |
| 12/20/2018 | DISTRIBUTED for Conference of 1/4/2019. |
| 01/07/2019 | DISTRIBUTED for Conference of 1/11/2019. |
| 01/11/2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 01/31/2019 | Letter informing Clerk of joint briefing schedule agreed upon by parties. Petitioner will file the joint appendix and petitioner's brief on the merits on or before February 22, 2019. Respondent will file respondent's brief on the merits on or before Monday, March 25, 2019. |
| 02/07/2019 | Blanket Consent filed by Petitioner, Hamid Rehaif. |
| 02/11/2019 | SET FOR ARGUMENT on Tuesday, April 23, 2019 |
| 02/22/2019 | Brief of petitioner Hamid Rehaif filed. |
| 02/22/2019 | Motion to dispense with printing the joint appendix filed by petitioner Hamid Rehaif. |
| 03/01/2019 | Brief amicus curiae of National Immigrant Justice Center filed. |
| 03/01/2019 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 03/20/2019 | CIRCULATED |
| 03/21/2019 | Record requested from the U.S.C.A. 11th Circuit. |
| 03/25/2019 | Brief of respondent United States filed. (Distributed) |
| 03/28/2019 | Record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
| 04/01/2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 04/01/2019 | Brief amicus curiae of Everytown for Gun Safety filed. (Distributed) |
| 04/12/2019 | Reply of petitioner Hamid Rehaif filed. (Distributed) |
| 04/23/2019 | Argued. For petitioner: Rosemary T. Cakmis, Orlando, Fla. For respondent: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 06/21/2019 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. |
| 07/23/2019 | JUDGMENT ISSUED. |