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Bridget Anne Kelly v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1818 · judgment November 27, 2018

Decided · May 7, 2020
Pre-decision estimate: 13% cert probability (95% interval 8%–19%)

Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Question presented

Does a public official "defraud" the government of its property by advancing a "public policy reason" for an official decision that is not her subjective "real reason" for making the decision?

Counsel of record

For petitioner
Jacob Moshe Roth
Jones Day

For respondent
Michael Alexander Levy
Sidley Austin LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage · 3 merits
(2 supporting pet./neither, 1 respondent)

Argument & decision

Argued January 14, 2020 — Jacob M. Roth · Michael Levy · Eric J. Feigin. Audio and transcript

Decided May 7, 2020. Opinion by Kagan.

Proceedings

  1. Jun 08 2020
    JUDGMENT ISSUED.
  2. May 07 2020
    Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court.
  3. Jan 14 2020
    Argued. For petitioner: Jacob M. Roth, Washington, D. C. For respondent William E. Baroni, Jr. in support of petitioner: Michael Levy, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
  4. Dec 23 2019
    Reply of respondent William Baroni, Jr. in support of petitioner filed. (Distributed)
  5. Dec 20 2019
    Reply of petitioner Bridget Anne Kelly filed. (Distributed)
  6. Dec 16 2019
    Motion for divided argument filed by respondent GRANTED.
  7. Dec 13 2019
    The Record from the U.S.C.A. 3rd Circuit is complete and electronic.
  8. Dec 03 2019
    Record requested from the U.S.C.A. Federal Circuit.
  9. Nov 29 2019
    Motion for divided argument filed by respondent William Baroni.
  10. Nov 27 2019
    Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
  11. Nov 26 2019
    CIRCULATED
  12. Nov 22 2019
    Brief of respondent United States filed. (Distributed)
  13. Nov 08 2019
    SET FOR ARGUMENT on Tuesday, January 14, 2020.
  14. Sep 24 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  15. Sep 23 2019
    Brief amicus curiae of Michael Binday filed.
  16. Sep 17 2019
    Brief of petitioner Bridget Anne Kelly filed.
  17. Sep 17 2019
    Brief of respondent William Baroni, Jr. in support of petitioner filed.
  18. Sep 17 2019
    Joint appendix filed (2 volumes). (Statement of costs filed)
  19. Jul 17 2019
    Joint motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondent's brief on the merits is extended to and including November 22, 2019.
  20. Jul 12 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  21. Jun 28 2019
    Petition GRANTED.
  22. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  23. Jun 17 2019
    DISTRIBUTED for Conference of 6/20/2019.
  24. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  25. May 28 2019
    Reply of petitioner Bridget Anne Kelly filed.
  26. May 23 2019
    Letter of May 23, 2019 from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
  27. May 15 2019
    Brief of respondent United States in opposition filed.
  28. Apr 12 2019
    Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
  29. Apr 12 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
  30. Mar 15 2019
    Brief of respondent William Baroni in support filed.
  31. Mar 15 2019
    Brief amici curiae of Lord Conrad Black and Former Governor Robert F. McDonnell filed.
  32. Mar 06 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
  33. Mar 05 2019
    Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
  34. Feb 12 2019
    Petition for a writ of certiorari filed. (Response due March 15, 2019)