Supreme Court Report

Supreme Court of the United States · Official docket →

Kansas v. Timothy C. Boettger

Paid petition · Supreme Court of Kansas, No. 115,387


Certiorari denied · June 22, 2020
Pre-decision estimate: 22% cert probability (95% interval 13%–35%)

Before the decision, about 5.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.

Question presented

Does the First Amendment prohibit a State from criminalizing threats to commit violence communicated in reckless disregard of the risk of placing another in fear?

Counsel of record

For petitioner
Toby Crouse
Office of Attorney General Derek Schmidt

For respondent
Jeffrey T. Green
Green Lauerman Chartered P.L.L.C.

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Linked docket
19A697, 19A698

Argument & decision

Decided June 22, 2020.

Proceedings

  1. Jun 22 2020
    Motion for leave to proceed in forma pauperis filed by respondents GRANTED.
  2. Jun 22 2020
    Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion).
  3. Jun 15 2020
    DISTRIBUTED for Conference of 6/18/2020.
  4. Jun 08 2020
    DISTRIBUTED for Conference of 6/11/2020.
  5. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  6. May 18 2020
    Reply of petitioner State of Kansas filed. (Distributed)
  7. May 14 2020
    Letter from counsel for petitioner waiving the 14-day waiting period under Rule 15.5 filed.
  8. May 05 2020
    Brief of Timothy C. Boettger, et al. in opposition not accepted for filing. (May 12, 2020)
  9. May 05 2020
    Brief of respondents Timothy C. Boettger, et al. in opposition filed.
  10. May 05 2020
    Motion for leave to proceed in forma pauperis filed by respondents Timothy C. Boettger, et al.
  11. Apr 20 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2020.
  12. Apr 17 2020
    Motion to extend the time to file a response from April 24, 2020 to May 8, 2020, submitted to The Clerk.
  13. Mar 25 2020
    Brief amici curiae of Kansas Coalition Against Sexual and Domestic Violence, et al. filed.
  14. Mar 25 2020
    Brief amici curiae of Virginia, et al. filed.
  15. Mar 13 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
  16. Mar 12 2020
    Motion to extend the time to file a response from March 25, 2020 to April 24, 2020, submitted to The Clerk.
  17. Feb 20 2020
    Petition for a writ of certiorari filed. (Response due March 25, 2020)
  18. Dec 26 2019
    Application (19A698) granted by Justice Sotomayor extending the time to file until February 24, 2020.
  19. Dec 26 2019
    Application (19A697) granted by Justice Sotomayor extending the time to file until February 24, 2020.
  20. Dec 17 2019
    Application (19A697) to extend the time to file a petition for a writ of certiorari from January 23, 2020 to February 24, 2020, submitted to Justice Sotomayor.
  21. Dec 17 2019
    Application (19A698) to extend the time to file a petition for a writ of certiorari from January 23, 2020 to February 24, 2020, submitted to Justice Sotomayor.