DOCSLIB.ORG

In the Supreme Court of the United States ______

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Supreme Court of the United States ______ No. 21-____ In the Supreme Court of the United States ______________ SAFEHOUSE, Petitioner, v. U.S. DEPARTMENT OF JUSTICE, ET AL., Respondents. ______________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Third Circuit ______________ PETITION FOR A WRIT OF CERTIORARI ______________ Ronda B. Goldfein Ilana H. Eisenstein Yolanda French Lollis Counsel of Record Adrian M. Lowe Courtney G. Saleski Jacob M. Eden Ben C. Fabens-Lassen AIDS LAW PROJECT OF DLA PIPER LLP (US) PENNSYLVANIA 1650 Market St., 1211 Chestnut St., Ste. 5000 Ste. 600 Philadelphia, PA 19103 Philadelphia, PA 19107 (215) 656-3300 (215) 587-9377 Ilana.Eisenstein Seth F. Kreimer @dlapiper.com 3501 Sansom St. Philadelphia, PA 19104 Peter Goldberger (215) 898-7447 LAW OFFICE OF PETER GOLDBERGER Counsel for Petitioner 50 Rittenhouse Place Ardmore, PA 19003 (610) 649-8200 QUESTION PRESENTED In the midst of the opioid and overdose crises rav- aging the nation and causing the death of more than 3,214 people over the last three years in the City of Philadelphia, petitioner Safehouse, a Philadelphia non-profit organization, seeks to establish an over- dose prevention site that will offer medically super- vised consumption services—a public-health interven- tion employed to prevent overdose deaths by providing immediate access to opioid reversal agents and ur- gently needed medical care at the time and place they are required, which is at the moment of consumption. A divided panel of the Third Circuit reversed the grant of a declaratory judgment in favor of Safehouse and held that the proposed facility would violate 21 U.S.C. § 856(a)(2)—a provision of the Controlled Sub- stances Act (CSA) that Congress passed to target “crack houses” and “rave parties.” Section 856(a)(2) makes it unlawful (in relevant part) to “manage or control any place, whether permanently or temporar- ily, . and knowingly and intentionally . make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.” The question presented is: Does 21 U.S.C. § 856(a) make it a felony to offer medically supervised consumption services for the purpose of preventing opioid overdose deaths? (i) ii PARTIES TO THE PROCEEDINGS Petitioner Safehouse, a non-profit corporation, was the Defendant and Counterclaim-Plaintiff in a civil de- claratory action brought by the United States Depart- ment of Justice (DOJ) in the United States District Court for the Eastern District of Pennsylvania. Safehouse’s co-founder and president of its board of di- rectors, José Benitez, was also named as a Defendant in the declaratory action brought by DOJ. Respondents are DOJ; Merrick Garland, in his of- ficial capacity as the Attorney General of the United States; and Jennifer Arbittier Williams, in her official capacity as the Acting United States Attorney for the Eastern District of Pennsylvania. iii TABLE OF CONTENTS Opinions Below ......................................................... 1 Jurisdiction ............................................................... 2 Statutory Provision Involved ................................... 2 Introduction .............................................................. 3 Statement of the Case .............................................. 5 A. The Safehouse Proposal ........................... 7 B. Procedural History ................................... 9 Reasons for Granting the Writ............................... 13 I. The Interpretation of Section 856(a) Is of National and Paramount Importance in the Midst of the Nation’s Opioid Crisis and a Question on which Courts of Appeals Are Divided ............................................. 13 II. The Court of Appeals’ Interpretation of Section 856(a) Is Inconsistent with Its Text, Purpose, and History ............... 18 A. Section 856(a)’s Text and Structure Demonstrate that Criminal Liability Only Applies Where the Defendant, Not a Third-Party Visitor, Acts with Unlawful Purpose ............................. 18 B. The History of Section 856(a) Shows No Congressional Intent to Regulate Public Health Facilities Like Safehouse ................................. 21 iv C. The Court of Appeals Failed to Consider Lenity and the Clear Statement Rule, Resulting in Unintended Criminalization of Those that Operate Facilities Serving People Suffering from Addiction............................................ 23 III. The Court of Appeals Should Have Interpreted Section 856(a) to Avoid the Federalism and Commerce Clause Concerns Posed by Federal Regulation of a Local, Non- Commercial Public Health Intervention ............................................ 26 IV. This Case Is an Ideal Vehicle to Resolve this Question, which Warrants this Court’s Immediate Attention ................................................. 29 CONCLUSION ....................................................... 31 Appendix A: Court of appeals opinion ................... 1a Appendix B: Court of appeals order ..................... 68a Appendix C: District court Feb. 25, 2020 memorandum opinion .......................................... 68a Appendix D: District court Feb. 25, 2020 order granting summary judgment ..................... 68a Appendix E: District court Oct. 2, 2019 memorandum opinion .......................................... 79a v TABLE OF AUTHORITIES Page Cases: Adamo Wrecking Co. v. United States, 434 U.S. 275 (1978)........................................... 24 Bond v. United States, 572 U.S. 844 (2014)..................................... 27, 29 Burrage v. United States, 571 U.S. 204 (2014)........................................... 24 Gonzales v. Oregon, 546 U.S. 243 (2006)..................................... 27, 29 Gonzales v. Raich, 545 U.S. 1 (2005) ........................................ 27. 29 Hillsborough Cty. v. Automated Med. Labs., Inc., 471 U.S. 707 (1985)........................................... 27 Jones v. United States, 529 U.S. 848 (2000)..................................... 23, 29 Kelly v. United States, 140 S. Ct. 1565 (2020) ................................ 18, 29 Nat’l Fed’n of Indep. Bus. v. Sebelius, 567 U.S. 519 (2012)........................................... 28 Solid Waste Agency v. U.S. Army Corps of Eng’rs, 531 U.S. 159 (2001)........................................... 23 Standing Akimbo, LLC v. United States, 141 S. Ct. 2236 (2021) ...................................... 28 Sullivan v. Stroop, 496 U.S. 478 (1990)........................................... 20 Taylor v. United States, 136 S. Ct. 2074 (2016) ...................................... 28 vi TABLE OF AUTHORITIES--CONTINUED Cases—continued: United States v. Bass, 404 U.S. 336 (1971)........................................... 24 United States v. Chen, 913 F.2d 183 (5th Cir. 1990) ............................ 20 United States v. Church, 970 F.2d 401 (7th Cir. 1992) ............................ 17 United States v. Lancaster, 968 F.2d 1250 (D.C. Cir. 1992) ......................... 16 United States v. Lopez, 514 U.S. 549 (1995)............................... 27. 28, 29 United States v. Morrison, 529 U.S. 598 (2000)..................................... 27, 28 United States v. Russell, 595 F.3d 633 (6th Cir. 2010) ............................ 16 United States v. Santos, 553 U.S. 507 (2008)........................................... 24 United States v. Shetler, 665 F.3d 115 (9th Cir. 2011) ............................ 16 United States v. Universal C. I. T. Credit Corp., 344 U.S. 218 (1952)........................................... 24 United States v. Verners, 53 F.3d 291 (10th Cir. 1995) ............................ 16 Statutes and Regulations: Comprehensive Addiction and Recovery Act of 2016, Pub. L. No. 114-198, § 101, 130 Stat. 697 ................................................................ 6 vii TABLE OF AUTHORITIES--CONTINUED Statutes and Regulations--Continued: Consolidated Appropriations Act of 2016, Pub. L. No. 114-113, § 520, 129 Stat. 2652 .......... 7 21 U.S.C. § 844 ....................................................... 17 21 U.S.C. § 856(a) .......................................... passim 21 U.S.C. § 856(b) .................................................. 17 28 U.S.C. § 1254(1) .................................................. 2 Legislative Material: 149 Cong. Rec. 1678 (2003) ................................... 22 149 Cong. Rec. 1849 (2003) ................................... 23 149 Cong. Rec. 26474 (1986) ................................. 22 Other Sources: Antonin Scalia & Bryan A. Garner, Reading Law 170 (2012) .................................. 20 Betsy McKay, U.S. Drug-Overdose Deaths Soared Nearly 30% in 2020, Driven by Synthetic Opioids, Wall Street Journal (July 14, 2021), https://ti- nyurl.com/pervh3fr ........................................... 13 CDC, National Center for Health Statistics, Provisional Drug Overdose Death Counts, https://www.cdc.gov/nchs/nvss/vsrr/drug- overdose-data.htm#dashboard ......................... 13 HUD, Housing First in Permanent Support- ing Housing (July 2014) ................................... 26 viii Purpose, Black’s Law Dictionary (11th ed. 2019) .................................................. 18 IN THE Supreme Court of the United States ______________ No. 21- ______________ SAFEHOUSE, Petitioner, v. U.S. DEPARTMENT OF JUSTICE, ET AL., Respondents. ______________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the Third Circuit ______________ PETITION FOR A WRIT
Load more

Recommended publications
  • In the United States District Court
    Case 1:13-cv-06802-WHP Document 567 Filed 05/02/16 Page 1 of 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE DIAL CORPORATION, et al., Civil Action No. 13-cv-06802-WHP Individually and on behalf of Similarly Situated Companies, Plaintiffs, v. NEWS CORPORATION, et al., Defendants. DECLARATION OF STEVEN F. BENZ IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT Case 1:13-cv-06802-WHP Document 567 Filed 05/02/16 Page 2 of 17 I, Steven F. Benz, declare as follows: 1. I submit this declaration in support of preliminary approval of the settlement reached on behalf of the certified Class and Defendants News Corporation, News America, Inc., News America Marketing In-Store Services L.L.C., and News America Marketing FSI L.L.C. (collectively, “Defendants”). 2. I am a partner with the law firm of Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. (“Kellogg Huber”), which is Co-Lead Counsel for the Class of plaintiffs certified by the Court on June 18, 2015. I am a member of good standing of the District of Columbia, Iowa, Maryland and Minnesota bars, and am admitted to practice before this Court pro hac vice. I have personal knowledge of the matters set forth in this declaration. I became involved in this case at its inception in 2011 and am closely familiar with all aspects of this case since that time. 3. Both Kellogg Huber and I personally have significant experience with antitrust litigation and class actions, including settlements thereof. Copies of my firm’s resume and my personal profile are annexed to this declaration as Exhibit A.
    [Show full text]
  • The Religious Affiliations of Trump's Judicial Nominees
    The Religious Affiliations of Trump's Judicial Nominees U.S. Supreme Court Religion Federalist Society Member Neil Gorsuch Catholic/Episcopal Listed on his SJQ U.S. Court of Appeals Amul Thapar Catholic Former John K. Bush Episcopal Yes Kevin Newsom Yes Amy Coney Barrett Catholic Yes Joan Larsen Former David Stras Jewish Yes Allison H. Eid Yes Ralph R. Erickson Catholic Stephanos Bibas Eastern Orthodox Yes Michael B. Brennan Yes L. Steven Grasz Presbyterian (PCA) Yes Ryan Wesley Bounds Yes Elizabeth L. Branch Yes Stuart Kyle Duncan Catholic Yes Gregory G. Katsas Yes Don R. Willett Baptist James C. Ho U.S. District Courts David Nye Mormon Timothy J. Kelly Catholic Yes Scott L. Palk Trevor N. McFadden Anglican Yes Dabney L. Friedrich Episcopal Claria Horn Boom Michael Lawrence Brown William L. Campbell Jr. Presbyterian Thomas Farr Yes Charles Barnes Goodwin Methodist Mark Norris Episcopal Tommy Parker Episcopal William McCrary Ray II Baptist Eli J. Richardson Tripp Self Baptist Yes Annemarie Carney Axon Liles C. Burke Methodist Donald C Coggins Jr. Methodist Terry A. Doughty Baptist Michael J. Juneau Christian A. Marvin Quattlebaum Jr. Presbyterian Holly Lou Teeter Catholic Robert E. Wier Methodist R. Stan Baker Methodist Jeffrey Uhlman Beaverstock Methodist John W. Broomes Baptist Walter David Counts III Baptist Rebecca Grady Jennings Methodist Matthew J. Kacsmaryk Christian Yes, in college Emily Coody Marks Yes Jeffrey C. Mateer Christian Terry F. Moorer Christian Matthew S. Petersen Former Fernando Rodriguez Jr. Christian Karen Gren Scholer Brett Joseph Talley Christian Howard C Nielson, Jr. Daniel Desmond Domenico Barry W. Ashe Kurt D.
    [Show full text]
  • Angry Judges
    Angry Judges Terry A. Maroney* Abstract Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment—precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in the right way. Modern affective psychology, for its part, offers empirical tools with which to determine whether and when anger conforms to Aristotelian virtue. This Article weaves these strands together to propose a new model of judicial anger: that of the righteously angry judge. The righteously angry judge is angry for good reasons; experiences and expresses that anger in a well-regulated manner; and uses her anger to motivate and carry out the tasks within her delegated authority. Offering not only the first comprehensive descriptive account of judicial anger but also first theoretical model for how such anger ought to be evaluated, the Article demonstrates how judicial behavior and decision making can benefit by harnessing anger—the most common and potent judicial emotion—in service of righteousness. Introduction................................................................................................................................
    [Show full text]
  • Trump Judges: Even More Extreme Than Reagan and Bush Judges
    Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges.
    [Show full text]
  • Keeping Faith with the Constitution in Changing Times
    Vanderbilt Law School Program in Constitutional Law & Theory and The American Constitution Society Present KEEPING FAITH WITH THE CONSTITUTION IN CHANGING TIMES October 6-7, 2006 Flynn Auditorium Vanderbilt Law School What does it mean to be faithful to the meaning of the Constitution? Can progressive approaches to constitutional interpretation persuasively lay claim to principle, fidelity, adherence to the rule of law and democratic legitimacy? How can these approaches be effectively communicated and made part of the public debate about the Constitution? A diverse group of scholars, lawyers, journalists and judges will address different aspects of this inquiry over two days of panel discussions and roundtable conversations during “Keeping Faith with the Constitution in Changing Times,” a conference sponsored jointly by Vanderbilt Law School’s Program in Constitutional Law & Theory and the American Constitution Society for Law and Policy. CONFERENCE SCHEDULE Friday, October 6 8:45-9:15 Continental Breakfast in North Lobby 9:15-9:45 Opening Remarks Dean Ed Rubin, Vanderbilt Law School Lisa Brown, Executive Director, ACS 9:45-10:30 Origins of the Debate over Originalism and the Living Constitution (Christopher Yoo, Moderator) Barry Friedman Howard Gillman 10:30-10:45 Break 10:45-12:15 Constitutional Fidelity Over Time (Ed Rubin, Moderator) Erwin Chemerinsky Marty Lederman John McGinnis 12:15-1:30 Lunch North Lobby 1:30-3:00 The Varieties of Historical Argument (Deborah Hellman, Moderator) Peggy Cooper Davis Robert Gordon Richard Primus
    [Show full text]
  • Pattern Criminal Jury Instructions for the District Courts of the First Circuit)
    UNITED STATES DISTRICT COURT DISTRICT OF MAINE 2019 REVISIONS TO PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE FIRST CIRCUIT DISTRICT OF MAINE INTERNET SITE EDITION Updated 6/24/19 by Chief District Judge Nancy Torresen PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE FIRST CIRCUIT Preface to 1998 Edition Citations to Other Pattern Instructions How to Use the Pattern Instructions Part 1—Preliminary Instructions 1.01 Duties of the Jury 1.02 Nature of Indictment; Presumption of Innocence 1.03 Previous Trial 1.04 Preliminary Statement of Elements of Crime 1.05 Evidence; Objections; Rulings; Bench Conferences 1.06 Credibility of Witnesses 1.07 Conduct of the Jury 1.08 Notetaking 1.09 Outline of the Trial Part 2—Instructions Concerning Certain Matters of Evidence 2.01 Stipulations 2.02 Judicial Notice 2.03 Impeachment by Prior Inconsistent Statement 2.04 Impeachment of Witness Testimony by Prior Conviction 2.05 Impeachment of Defendant's Testimony by Prior Conviction 2.06 Evidence of Defendant's Prior Similar Acts 2.07 Weighing the Testimony of an Expert Witness 2.08 Caution as to Cooperating Witness/Accomplice/Paid Informant 2.09 Use of Tapes and Transcripts 2.10 Flight After Accusation/Consciousness of Guilt 2.11 Statements by Defendant 2.12 Missing Witness 2.13 Spoliation 2.14 Witness (Not the Defendant) Who Takes the Fifth Amendment 2.15 Definition of “Knowingly” 2.16 “Willful Blindness” As a Way of Satisfying “Knowingly” 2.17 Definition of “Willfully” 2.18 Taking a View 2.19 Character Evidence 2.20 Testimony by Defendant
    [Show full text]
  • Notice-And-Comment Sentencing
    Article Notice-and-Comment Sentencing Richard A. Bierschbach† & Stephanos Bibas†† Introduction ................................................................................... 2 I. Plea-Bargained Sentencing: Private Deals vs. The Public Interest ......................................................................... 8 A. The Status Quo: Private Deals ........................................ 8 B. Missing: The Public Interest .......................................... 13 C. An Illustration ................................................................ 17 II. Participation and the Public Interest in Administrative Law ......................................................................................... 20 A. Why Participation Matters ............................................ 20 B. How Participation Works ............................................... 25 1. Mechanisms of Participation ................................... 25 2. Participation, Explanation, and Judicial Review ... 29 C. Criminal Law’s Insularity .............................................. 31 III. Crafting a System of Notice-and-Comment Sentencing ..... 34 A. Wholesale or Retail? ....................................................... 35 B. At the Wholesale Level: Arrests, Charging, Plea Bargaining, Guidelines, and Sentencing ...................... 37 C. At the Retail Level .......................................................... 47 † Associate Professor, Benjamin N. Cardozo School of Law, Yeshiva University. †† Professor of Law and Criminology and Director,
    [Show full text]
  • Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 a Manual for Federal Prosecutors
    Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 A Manual for Federal Prosecutors December 2006 Prepared by the Staff of the Organized Crime and Racketeering Section U.S. Department of Justice, Washington, DC 20005 (202) 514-3594 Frank J. Marine, Consultant Douglas E. Crow, Principal Deputy Chief Amy Chang Lee, Assistant Chief Robert C. Dalton Merv Hamburg Gregory C.J. Lisa Melissa Marquez-Oliver David J. Stander Catherine M. Weinstock Cover Design by Linda M. Baer PREFACE This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Violent Crimes in Aid of Racketeering Statute, 18 U.S.C. § 1959. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of 18 U.S.C. § 1959 including any indictment, information, or criminal complaint, and a prosecution memorandum must be submitted to OCRS for review and approval before being filed with the court. The submission should be approved by the prosecutor’s office before being submitted to OCRS. Due to the volume of submissions received by OCRS, prosecutors should submit the proposal three weeks prior to the date final approval is needed. Prosecutors should contact OCRS regarding the status of the proposed submission before finally scheduling arrests or other time-sensitive actions relating to the submission. Moreover, prosecutors should refrain from finalizing any guilty plea agreement containing a Section 1959 charge until final approval has been obtained from OCRS. The policies and procedures set forth in this manual and elsewhere relating to 18 U.S.C.
    [Show full text]
  • Judicial Genealogy (And Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts
    The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts BRAD SNYDER* During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerkedfor, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularlyin several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguishedyet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-by- side in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy. * Assistant Professor, University of Wisconsin Law School. Thanks to Eleanor Brown, Dan Ernst, David Fontana, Abbe Gluck, Dirk Hartog, Dan
    [Show full text]
  • In the Supreme Court of the United States
    No. 16-1307 In the Supreme Court of the United States ALI HAMZA AHMAD SULIMAN AL BAHLUL, PETITIONER v. UNITED STATES OF AMERICA ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BRIEF FOR THE UNITED STATES IN OPPOSITION JEFFREY B. WALL Acting Solicitor General Counsel of Record DANA J. BOENTE Acting Assistant Attorney General JOSEPH F. PALMER DANIELLE S. TARIN Attorneys Department of Justice Washington, D.C. 20530-0001 SupremeCtBriefs@usdoj.gov (202) 514-2217 QUESTIONS PRESENTED 1. Whether the military commission plainly erred in not sua sponte dismissing the charge against petitioner of conspiracy to commit war crimes on the ground that Congress violated Article III by making that offense triable by military commission. 2. Whether the Military Commissions Act of 2006 (2006 MCA), 10 U.S.C. 948a et seq. (2006), authorizes prosecutions for conspiracy to commit war crimes based on conduct committed before its enactment. 3. Whether petitioner’s conspiracy conviction based on conduct that pre-dated enactment of the 2006 MCA plainly violated the Ex Post Facto Clause. 4. Whether the 2006 MCA plainly violated the equal protection component of the Due Process Clause because it limited the jurisdiction of military commissions to of- fenses committed by alien unlawful enemy combatants. (I) TABLE OF CONTENTS Page Opinions below .............................................................................. 1 Jurisdiction .................................................................................... 1 Statement ...................................................................................... 2 Argument ..................................................................................... 15 Conclusion ................................................................................... 33 TABLE OF AUTHORITIES Cases: Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010), cert. denied, 563 U.S. 929 (2011) ....................................... 32 B&B Hardware, Inc.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, THURSDAY, NOVEMBER 2, 2017 No. 178 Senate The Senate met at 9:30 a.m. and was firming President Trump’s outstanding GARDNER. When he introduced his called to order by the President pro nominations to the Federal courts. Al- former professor before the Judiciary tempore (Mr. HATCH). ready this week, we have confirmed Committee, Senator GARDNER noted f two strong, smart, and talented women how much she cared about ‘‘robust de- to serve on our Nation’s circuit courts. bates and hearing the views of others.’’ PRAYER Today we will consider two more well- ‘‘Justice Eid,’’ he said, ‘‘was open to The Chaplain, Dr. Barry C. Black, of- qualified nominees: Allison Eid and their views, engaging with them, and fered the following prayer: Stephanos Bibas. [was] never biased against different Let us pray. First, we will confirm Allison Eid, perspectives.’’ Eternal King, You are great and mar- whom the President has nominated to Later, Justice Eid was appointed to velous. Without Your wondrous deeds, serve on the U.S. Court of Appeals for serve as Colorado’s solicitor general our lawmakers, our Nation, and our the Tenth Circuit. Justice Eid has big and, in 2006, to the Colorado Supreme planet could not survive. Lord, let the shoes to fill in taking that seat—it be- Court. Two years later, 75 percent of nations You have made acknowledge came vacant when Neil Gorsuch as- Coloradans voted to retain her.
    [Show full text]
  • No. ___IN the SUPREME COURT of the UNITED STATES
    No. ______ IN THE SUPREME COURT OF THE UNITED STATES SAQUAWN HARRIS, Petitioner, v. UNITED STATES, Respondent. On Application for Extension of Time to File a Petition for a Writ of Certiorari to the District of Columbia Court of Appeals PETITIONER’S APPLICATION TO EXTEND TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI SAMIA FAM (Counsel of Record) JOSHUA DEAHL PUBLIC DEFENDER SERVICE 633 Indiana Avenue, NW Washington, DC 20004 (202) 628-1200 Counsel for Petitioner No. ______ IN THE SUPREME COURT OF THE UNITED STATES SAQUAWN HARRIS, Petitioner, v. UNITED STATES, Respondent. PETITIONER’S APPLICATION TO EXTEND TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI To the Honorable John G. Roberts, Jr., as Circuit Justice for the District of Columbia, covering the District of Columbia Court of Appeals. Petitioner Saquawn Harris, through undersigned counsel, respectfully requests that the time to file a Petition for a Writ of Certiorari in this matter be extended for sixty days to September 9, 2019. Mr. Harris’s motion for reconsideration of his petition for rehearing en banc with the D.C. Court of Appeals was denied on April 11, 2019, making his certiorari petition due to this Court on July 10, 2019. This extension motion is being filed more than 10 days in advance of the due date, per this Court’s rules. Sup. Ct. R. 13(4). This Court would have jurisdiction over the judgment under 28 U.S.C. § 1257(a).1 1 Mr. Harris previously filed a petition for a writ of certiorari after the initial denial of en banc rehearing, but the United States rejoined that the then-pending motion to reconsider en banc rehearing made this case “a particularly poor vehicle for review … [b]ecause the [D.C.
    [Show full text]