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Decided

United States v. Stevens

Docket No.08-769
Op. Below3rd Circuit
ArgumentOct 6, 2009

Holding

A federal statute that criminalizes depictions of animal cruelty in videotapes and other commercial media is unconstitutional.

Judgment

Affirmed, 8-1, in an opinion by John Roberts on Apr 20, 2010. Justice Alito dissented.

Merits Briefs

Amicus Briefs

Proceedings & orders timeline

Oct 3, 2008
Application (08A287) to extend the time to file a petition for a writ of certiorari from October 16, 2008 to November 15, 2008, submitted to Justice Souter.
Oct 4, 2008
Application (08A287) granted by Justice Souter extending the time to file until November 15, 2008.
Nov 5, 2008
Application (08A287) to extend further the time from November 15, 2008 to December 15, 2008, submitted to Justice Souter.
Nov 6, 2008
Application (08A287) granted by Justice Souter extending the time to file until December 15, 2008.
Dec 15, 2008
Petition for a writ of certiorari filed. (Response due January 14, 2009)
Dec 30, 2008
Order extending time to file response to petition to and including March 2, 2009.
Jan 13, 2009
Consent to the filing of amicus briefs, in support of either party or neither party received from counsel for the respondent.
Jan 14, 2009
Brief amicus curiae of Humane Society of the United States filed.
Mar 17, 2009
Order further extending time to file response to petition to and including March 20, 2009.
Mar 20, 2009
Brief of respondent Robert J. Stevens in opposition filed.
Mar 31, 2009
Reply of petitioner United States filed.
Apr 1, 2009
DISTRIBUTED for Conference of April 17, 2009.
Apr 20, 2009
Petition GRANTED.
May 8, 2009
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including June 8, 2009.
May 8, 2009
The time within which to file respondent's brief on the merits is extended to and including July 13, 2009.
May 13, 2009
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.
Jun 8, 2009
Joint appendix filed. Statement of costs received.
Jun 8, 2009
Brief of petitioner United States filed.
Jun 9, 2009
Letter from petitioner proposing to lodge copies of a reference list of web sites, with brief descriptions, referenced in the brief on the merits.
Jun 10, 2009
Brief amicus curiae of International Society for Animal Rights filed.
Jun 11, 2009
Record received from U.S.C.A. for 3rd Circuit. (4 videotapes)
Jun 12, 2009
Brief amicus curiae of American Law Professors filed.
Jun 15, 2009
Brief amicus curiae of Humane Society of the United States filed.
Jun 15, 2009
Brief amicus curiae of Northwest Animal Rights Network filed.
Jun 15, 2009
Brief amici curiae of Florida, et al. filed.
Jun 15, 2009
Brief amicus curiae of American Society for the Prevention of Cruelty to Animals filed.
Jun 15, 2009
Brief amici curiae of Washington Legal Foundation, and Allied Educational Foundation filed.
Jun 15, 2009
Brief amicus curiae of Center on the Administration of Criminal Law filed.
Jun 15, 2009
Brief amicus curiae of Animal Legal Defense Fund filed.
Jun 16, 2009
Letter from counsel for The Humane Society of the United States proposing to lodge copies of a DVD which contains footage of the videos referenced in its brief on the merits.
Jul 7, 2009
The time within which to file respondent's brief on the merits is further extended to and including July 20, 2009.
Jul 16, 2009
SET FOR ARGUMENT ON Tuesday, October 6, 2009.
Jul 17, 2009
CIRCULATED.
Jul 20, 2009
Brief of respondent Robert J. Stevens filed. (Distributed)
Jul 23, 2009
Brief amici curiae of Reporters Committee for Freedom of the Press, and Thirteen News Media Organizations filed. (Distributed).
Jul 24, 2009
Brief amici curiae of Endangered Breed Association and American Dog Breeders Association filed. (Distributed)
Jul 27, 2009
Brief amici curiae of DKT Liberty Project, et al. filed. (Distributed)
Jul 27, 2009
Brief amici curiae of Professional Outdoor Media Association, et al. filed. (Distributed)
Jul 27, 2009
Brief amici curiae of National Coalition Against Censorship, et al. filed. (Distributed)
Jul 27, 2009
Brief amicus curiae of First Amendment Lawyers Association filed. (Distributed)
Jul 27, 2009
Brief amicus curiae of Cato Institute filed. (Distributed)
Jul 27, 2009
Brief amicus curiae of Thomas Jefferson Center for the Protection of Free Expression filed. (Distributed)
Jul 27, 2009
Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. filed. (Distributed)
Jul 27, 2009
Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed).
Jul 27, 2009
Brief amici curiae of Safari Club International, et al. filed. (Distributed)
Jul 27, 2009
Brief amici curiae of Association of American Publishers, Inc., et al. filed. (Distributed)
Jul 27, 2009
Brief amicus curiae of National Rifle Association of America, Inc. filed. (Distributed)
Aug 7, 2009
Record received by from the U.S.C.A. for the Third Circuit. (1 box)
Aug 12, 2009
Record received from U.S.D.C. for the Western District of Pennsylvania. (1 box)
Aug 19, 2009
Reply of petitioner United States filed. (Distributed)
Oct 6, 2009
Argued. For petitioner: Neal K. Katyal, Deputy Solicitor General, Department of Justice, Washington, D.C. For respondent: Patricia A. Millett, Washington, D.C.
Mar 17, 2010
Lodging request of The Humane Society of the United States approved.
Apr 20, 2010
Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion.
May 24, 2010
JUDGMENT ISSUED.
May 25, 2010
Record returned to the U.S.C.A, Third Circuit.
May 25, 2010
Record returned to U.S.D.C. for Western District of Pennsylvania.

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