Supreme Court of the United States · Official docket →
John Copeland, et al. v. Cyrus R. Vance, Jr., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 17-474 · judgment June 22, 2018
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
In United States v. Salerno, 481 U.S. 739, 745 (1987), this Court held that to maintain a facial challenge, a plaintiff must establish that “no set of circumstances exists under which the Act would be valid.” 481 U.S. at 745. The federal courts of appeals are starkly split on the question of whether this rule was relaxed by the Court in the context of vagueness cases in Johnson v. United States, 135 S. Ct. 2551 (2015), and Sessions v. Dimaya, 138 S. Ct. 1204 (2018). The Fourth and Eighth Circuits have answered in the affirmative. See Kolbe v. Hogan, 849 F.3d 114, 148 fn.19 (4th Cir. 2017); United States v. Bramer, 832 F.3d 908 (8th Cir. 2016). By contrast, the Second Circuit expressly insisted below that no such relaxation has taken place. Copeland v. Vance, 893 F.3d 101, 113 fn.3 (2d Cir. 2018). The question presented is: Whether a plaintiff need show that a law is vague in all of its applications to succeed in a facial vagueness challenge.
Counsel of record
For petitioner
Daniel L. Schmutter
Hartman & Winnicki, P.C.
For respondent
Richard Paul Dearing
City of New York
Proceedings
- Jun 17 2019Motion for leave to file amicus brief filed by The Legal Aid Society GRANTED.
- Jun 17 2019Motion for leave to file amici brief filed by Criminal Law Professors, et al. GRANTED.
- Jun 17 2019Motion for leave to file amici brief filed by Constitutional Law Scholars GRANTED.
- Jun 17 2019Petition DENIED.
- Jun 12 2019Supplemental brief of respondents City of New York, et al. filed. (Distributed)
- Jun 07 2019Supplemental brief of petitioners John Copeland, et al. filed. (Distributed)
- Jun 04 2019Letter of June 4, 2019 on behalf of respondents filed. (Distributed)
- May 28 2019DISTRIBUTED for Conference of 6/13/2019.
- May 22 2019Reply of petitioners John Copeland, et al. filed.
- May 13 2019Brief of respondent City of New York in opposition filed.
- May 13 2019Brief of respondent Cyrus R. Vance, Jr., New York County District Attorney in opposition filed.
- Mar 21 2019Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019, for all respondents.
- Mar 18 2019Motion to extend the time to file a response from March 29, 2019 to May 13, 2019, submitted to The Clerk.
- Feb 27 2019Response Requested. (Due March 29, 2019)
- Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
- Feb 15 2019Motion for leave to file amicus brief filed by The Legal Aid Society. (Distributed)
- Feb 15 2019Motion for leave to file amici brief filed by Criminal Law Professors, et al. (Distributed)
- Feb 15 2019Motion for leave to file amici brief filed by Constitutional Law Scholars. (Distributed)
- Feb 07 2019Waiver of right of respondent New York City D.A. Cyrus R. Vance, Jr. to respond filed.
- Feb 01 2019Waiver of right of respondent City of New York to respond filed.
- Jan 14 2019Petition for a writ of certiorari filed. (Response due February 15, 2019)
- Oct 25 2018Application (18A433) granted by Justice Ginsburg extending the time to file until January 13, 2019.
- Oct 22 2018Application (18A433) to extend the time to file a petition for a writ of certiorari from November 14, 2018 to January 13, 2019, submitted to Justice Ginsburg.