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Eric D. Speidell, et al. v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-1214, 19-1215, 19-1216, 19-1217, 19-1218 · judgment October 20, 2020


Certiorari denied · June 21, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Under the Supremacy Clause, does Colorado’s expressly state legal sales of cannabis violate the Controlled Substances Act?

  2. Did Congress, under 26 U.S.C. §280E, empower the IRS and its civil auditors to investigate federal drug law crimes and administratively determine whether a taxpayer is criminally culpable under federal drug laws?

  3. Given that the IRS summonses were compelling incriminating information of drug crimes, with the IRS reserving all rights to share the information with law enforcement to prosecute the drug crimes, did the IRS need to obtain a warrant?

Counsel of record

For petitioner
James David Thorburn
Thorburn Law Group

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 23 2021
    Rehearing DENIED.
  2. Aug 16 2021
    Supplemental brief of petitioners Eric D. Speidell, et al filed.
  3. Jul 29 2021
    DISTRIBUTED.
  4. Jul 12 2021
    Petition for Rehearing filed.
  5. Jun 21 2021
    Petition DENIED.
  6. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  7. Jun 01 2021
    Reply of petitioners Eric D. Speidell, et al filed. (Distributed)
  8. May 24 2021
    Brief of respondent United States in opposition filed.
  9. May 24 2021
    Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
  10. Apr 21 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2021.
  11. Apr 20 2021
    Motion to extend the time to file a response from April 23, 2021 to May 24, 2021, submitted to The Clerk.
  12. Mar 19 2021
    Petition for a writ of certiorari filed. (Response due April 23, 2021)