Johnson v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-7120 | 8th Cir. | Apr 20, 2015 | Jun 26, 2015 | 8-1 | Scalia | OT 2014 |
Holding: Imposing an increased sentence under the Armed Career Criminal Act’s residual clause violates due process.
Judgment: Reversed and remanded, 8-1, in an opinion by Justice Scalia on June 26, 2015. Justice Kennedy and Justice Thomas filed opinions concurring in the judgement. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Johnson v. United States: Three years out (Andrew Hamm, September 5, 2018)
- Opinion analysis: The Court strikes down the ACCA’s residual clause as vague. But is the real problem the “categorical” approach? (Rory Little, June 29, 2015)
- A “view” from the Courtroom: A marriage celebration (Mark Walsh, June 26, 2015)
- Re-Argument analysis: The votes are not there to sustain the residual clause (Rory Little, April 22, 2015)
- (Re-)Argument preview: Is possession of a sawed-off shotgun a “violent felony”? The government is not going down without a fight (Rory Little, April 17, 2015)
- Court orders new look at armed criminal law (Lyle Denniston, January 9, 2015)
- Argument analysis: Justices unhappily consider whether sawed-off shotguns are inherently violent (Rory Little, November 6, 2014)
- Argument preview: Are there (finally) five votes to declare the residual clause of the ACCA unconstitutionally vague? (Rory Little, November 4, 2014)
| Date | Proceedings and Orders |
|---|---|
| Oct 28 2013 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2013) |
| Nov 20 2013 | Order extending time to file response to petition to and including December 30, 2013. |
| Dec 20 2013 | Order further extending time to file response to petition to and including January 29, 2014. |
| Jan 24 2014 | Order further extending time to file response to petition to and including February 28, 2014. |
| Feb 28 2014 | Brief of respondent United States in opposition filed. |
| Mar 20 2014 | DISTRIBUTED for Conference of April 4, 2014. |
| Apr 7 2014 | DISTRIBUTED for Conference of April 18, 2014. |
| Apr 21 2014 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| May 16 2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 26, 2014. |
| May 16 2014 | The time to file respondent's brief on the merits is extended to and including August 18, 2014. |
| Jun 13 2014 | Motion to dispense with printing the joint appendix filed by petitioner Samuel James Johnson. |
| Jun 26 2014 | Brief of petitioner Samuel James Johnson filed. |
| Jun 30 2014 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jul 3 2014 | Brief amici curiae of Gun Owners of America, Inc., et al. filed. |
| Aug 18 2014 | Brief of respondent the United States filed. |
| Aug 25 2014 | Brief amici curiae of Law Professors filed. |
| Aug 25 2014 | Brief amici curiae of The Brady Center for Gun Violence, et al. filed. |
| Sep 4 2014 | SET FOR ARGUMENT on Wednesday, November 5, 2014. |
| Sep 8 2014 | Record requested from U.S.C.A. 8th Circuit. |
| Sep 15 2014 | Record received from U.S.C.A. 8th Circuit. 1 - Envelope |
| Sep 17 2014 | Reply of petitioner Samuel James Johnson filed. |
| Sep 19 2014 | CIRCULATED |
| Nov 5 2014 | Argued. For petitioner: Katherine M. Menendez, Assistant Federal Defender, Minneapolis, Minn. For respondent: John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jan 9 2015 | This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: "Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U. S. C. §924(e)(2)(B)(ii), is unconstitutionally vague." The supplemental brief of petitioner is due on or before Wednesday, February 18, 2015. The supplemental brief of the United States is due on or before Friday, March 20, 2015. The reply brief, if any, is due on or before Friday, April 10, 2015. The time to file amicus curiae briefs is as provided for by Rule 37.3(a). The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. The case will be set for oral argument during the April 2015 argument session. |
| Feb 18 2015 | Supplemental brief of petitioner Samuel James Johnson filed. |
| Feb 25 2015 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Mar 6 2015 | SET FOR ARGUMENT ON Monday, April 20, 2015 |
| Mar 16 2015 | CIRCULATED. |
| Mar 17 2015 | Record requested from U.S.C.A. 8th Circuit. |
| Mar 20 2015 | Supplemental brief of respondent United States filed (Reprinted). (Distributed) |
| Mar 25 2015 | Record received from U.S.C.A. 8th Circuit. (1-Envelope) |
| Mar 25 2015 | Record received from U.S.D.C. District of Minnesota. The record is electronic, also 1 envelope (SEALED). |
| Apr 10 2015 | Supplemental reply brief of petitioner Samuel James Johnson filed. (Distributed) |
| Apr 20 2015 | Reargued. For petitioner: Katherine M. Menendez, Assistant Federal Defender, Minneapolis, Minn. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Jun 26 2015 | Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kennedy, J., and Thomas, J., filed opinions concurring the judgment. Alito, J., filed a dissenting opinion. |
| Jul 28 2015 | JUDGMENT ISSUED. |
