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Fischer v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
23-5572 D.C. Cir. Apr 16, 2024
 Jun 28, 2024 6-3 Roberts OT 2023

Holding: To prove a violation of 18 U.S.C. § 1512(c)(2) — a provision of the Sarbanes-Oxley Act — the government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.

Judgment: Vacated and remanded, 6-3, in an opinion by Chief Justice Roberts on June 28, 2024. Justice Jackson filed a concurring opinion. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 09 2023Application (23A136) to extend the time to file a petition for a writ of certiorari from August 21, 2023 to October 5, 2023, submitted to The Chief Justice.
Aug 15 2023Application (23A136) granted by The Chief Justice extending the time to file until October 5, 2023.
Sep 11 2023Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2023)
Oct 03 2023Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
Oct 04 2023Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2023.
Oct 13 2023Brief amici curiae of America's Future, et al. filed
Oct 30 2023Brief of respondent United States in opposition filed. VIDED.
Nov 13 2023Reply of petitioner Joseph Fischer filed. (Distributed)
Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Dec 13 2023Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 29 2024Brief of petitioner Joseph Fischer filed.
Jan 29 2024Joint appendix filed. (Statement of costs filed)
Jan 29 2024Brief amicus curiae of FormerFedsGroup Freedom Foundation, et al. filed.
Feb 02 2024Brief amicus curiae of LONANG Institute filed.
Feb 05 2024Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
Feb 05 2024Brief amici curiae of Law-Linguistics Research Team Clark D. Cunningham and Ute Romer-Barron in support of neither party filed.
Feb 05 2024Brief amici curiae of U.S. Senator Tom Cotton, et al. filed.
Feb 05 2024Brief amicus curiae of Liberty Counsel Action, Inc. filed.
Feb 05 2024Brief amici curiae of America's Future, et al. filed.
Feb 05 2024Brief amicus curiae of Citizens Concerned for the Constitutional Rights of Defendants filed.
Feb 05 2024Brief amici curiae of Christopher Warnagiris, et al. filed.
Feb 16 2024SET FOR ARGUMENT on Tuesday, April 16, 2024.
Feb 21 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Feb 21 2024Record received from the United States Court of Appeals for the District of Columbia Circuit. The record is electronic and is available on PACER.
Feb 28 2024Brief of respondent United States filed.
Mar 06 2024Brief amici curiae of John Danforth, et al. filed.
Mar 06 2024Brief amici curiae of Former Government Officials, et al. filed.
Mar 20 2024CIRCULATED
Mar 28 2024Reply of petitioner Joseph Fischer filed. (Distributed)
Apr 16 2024Argued. For petitioner: Jeffrey T. Green, Bethesda, Md. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
Jun 28 2024Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Barrett, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Jul 30 2024Judgment Issued.