Missouri v. McNeely
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1425 | Mo. | Jan 9, 2013 | Apr 17, 2013 | 5-4 | Sotomayor | OT 2012 |
Holding: In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.
Judgment: Affirmed, 5-4, in an opinion by Justice Sotomayor on April 17, 2013. Justice Sotomayor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Kagan joined, and an opinion with respect to Parts II-C and III, in which Justice Scalia, Justice Ginsburg and Justice Kagan joined. Justice Kennedy filed an opinion concurring in part. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justice Breyer and Justice Alito joined. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion recap: Limit on DUI blood testing (Lyle Denniston, April 17, 2013)
- Argument recap: Compromise on DUI blood tests? (Lyle Denniston, January 9, 2013)
- Argument preview: Blood tests and privacy (Lyle Denniston, January 7, 2013)
- Six new grants, redistricting ruling (Lyle Denniston, September 25, 2012)
- Petition of the day (Ben Cheng, July 7, 2012)
| Date | Proceedings and Orders |
|---|---|
| 05/22/2012 | Petition for a writ of certiorari filed. (Response due June 25, 2012) |
| 06/08/2012 | Order extending time to file response to petition to and including July 25, 2012. |
| 07/25/2012 | Brief of respondent Tyler G. McNeely in opposition filed. |
| 08/08/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 08/14/2012 | Reply of petitioner Missouri filed. (Distributed) |
| 09/25/2012 | Petition GRANTED. |
| 10/31/2012 | SET FOR ARGUMENT ON Wednesday, January 9, 2013 |
| 11/05/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 11/09/2012 | Joint appendix filed. (Statement of costs received) |
| 11/09/2012 | Brief of petitioner Missouri filed. |
| 11/13/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/16/2012 | CIRCULATED. |
| 11/16/2012 | Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed) |
| 11/16/2012 | Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed) |
| 11/16/2012 | Brief amici curiae of Delaware, et al. filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of the United States filed. (Distributed) |
| 12/10/2012 | Brief of respondent Tyler G. McNeely filed. (Distributed) |
| 12/10/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 12/14/2012 | Brief amicus curiae of Rutherford Institute filed. (Distributed) |
| 12/17/2012 | Brief amici curiae of Law Professors filed. (Distributed) |
| 12/17/2012 | Brief amici curiae of National College for DUI Defense, et al. filed. (Distributed) |
| 12/20/2012 | Record received from The Supreme Court State of Missouri. (1 Box) |
| 01/02/2013 | Reply of petitioner Missouri filed. (Distributed) |
| 01/04/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 01/09/2013 | Argued. For petitioner: John N. Koester, Jr., Assistant Prosecuting Attorney, Jackson, Mo.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Steven R. Shapiro, New York, N. Y. |
| 04/17/2013 | Adjudged to be AFFIRMED. Sotomayor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Scalia, Kennedy, Ginsburg, and Kagan, JJ., joined, and an opinion with respect to Parts II-C and III, in which Scalia, Ginsburg, and Kagan, JJ., joined. Kennedy, J., filed an opinion concurring in part. Roberts, C. J., filed an opinion concurring in part and dissenting in part, in which Breyer and Alito, JJ., joined. Thomas, J., filed a dissenting opinion. |
| 05/20/2013 | MANDATE ISSUED. |
| 07/05/2013 | Record returned to Supreme Court of Missouri. |
Holding: In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.
Judgment:”Affirmed, 5-4, in an opinion by Justice Sotomayor on April 17, 2013. Justice Sotomayor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, in which Justice Scalia, Justice Kennedy, Justice Ginsburg, and Justice Kagan joined, and an opinion with respect to Parts II-C and III, in which Justice Scalia, Justice Ginsburg and Justice Kagan joined. Justice Kennedy filed an opinion concurring in part. Chief Justice Roberts filed an opinion concurring in part and dissenting in part, in which Justice Breyer and Justice Alito joined. Justice Thomas filed a dissenting opinion.