Supreme Court of the United States · Official docket →
Aaron J. Schock v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-3277 · judgment May 30, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Constitution’s Rulemaking Clause grants exclusive jurisdiction to the House of Representatives to “determine the Rules of its Proceedings.” Article I, § 5, cl. 2. The Constitution’s Speech or Debate Clause provides that “for any Speech or Debate in either House, [Senators and Members of the House of Representatives] shall not be questioned in any other Place.” Article I, § 6, cl.1. Former Congressman Aaron Schock appealed the district court’s denial of his motion to dismiss an indictment on both Rulemaking and Speech or Debate Clause grounds. The Seventh Circuit held that it lacked jurisdiction to consider the Rulemaking Clause claim in an acknowledged circuit split, and rejected his Speech or Debate Clause on the merits. The Questions Presented are as follows: I. May a member of the Legislative Branch immediately appeal from the denial of his motion to dismiss an indictment on the ground that it violates the separation of powers protected by the Constitution’s Rulemaking Clause? a. Is such a claim immediately appealable by virtue of the collateral order doctrine where it invokes a claim of non-justiciability and separation of powers immunity and as a result cannot be redressed after a trial? b. Is there pendent appellate jurisdiction doctrine to hear such a claim because of its relationship with an immediately appealable Speech or
Counsel of record
For petitioner
George J. Terwilliger III
Terwilliger Law PLLC
For respondent
Noel John Francisco
Jones Day
Argument & decision
Decided February 19, 2019.
Proceedings
- Feb 19 2019Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion)
- Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
- Jan 14 2019DISTRIBUTED for Conference of 1/18/2019.
- Jan 07 2019DISTRIBUTED for Conference of 1/11/2019.
- Dec 20 2018Reply of petitioner Aaron J. Schock filed. (Distributed)
- Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
- Dec 04 2018Brief of respondent United States in opposition filed.
- Nov 14 2018Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
- Nov 13 2018Motion to extend the time to file a response from November 30, 2018 to December 5, 2018, submitted to The Clerk.
- Oct 30 2018Brief amici curiae of Former General Counsels of the U.S. House of Representatives filed.
- Oct 25 2018Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
- Oct 24 2018Motion to extend the time to file a response from October 31, 2018 to November 30, 2018, submitted to The Clerk.
- Sep 27 2018Petition for a writ of certiorari filed. (Response due October 31, 2018)
- Aug 21 2018Application (18A194) granted by Justice Kagan extending the time to file until September 27, 2018.
- Aug 17 2018Application (18A194) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Kagan.