Supreme Court of the United States · Official docket →
United States v. Helaman Hansen
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-10548 · judgment February 10, 2022
Before the decision, about 15.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.
Question presented
Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Carolyn Mary Wiggin
Office of the Federal Defender, E.D. Cal.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 14 merits
(3 supporting pet./neither, 11 respondent)
Argument & decision
Argued March 27, 2023 — Brian H. Fletcher · Esha Bhandari. Audio and transcript
Decided June 23, 2023. Opinion by Barrett.
Proceedings
- Jul 25 2023Judgment issued.
- Jun 23 2023Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
- Mar 27 2023Argued. For petitioner: Brian H. Fletcher, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Esha Bhandari, New York, N. Y.
- Mar 17 2023Reply of petitioner United States filed. (Distributed)
- Feb 24 2023Brief amici curiae of Religious Organizations filed. (Distributed)
- Feb 24 2023Amicus brief of National Association of Criminal Defense Lawyers and National Association of Federal Defenders not accepted for filing. (February 28, 2023)
- Feb 24 2023Brief amici curiae of National Association of Criminal Defense Lawyers, et al. (Mar. 1, 2023) filed. (Distributed)
- Feb 24 2023Amici brief of The First Amendment Coalition Freedom of the Press Foundation, et al. not accepted for filing. (February 28, 2023--Corrected brief to be submitted).
- Feb 24 2023Brief amici curiae of The First Amendment Coalition Freedom of the Press Foundation, et al filed (Mar. 10, 2023). (Distributed)
- Feb 24 2023Brief amicus curiae of Cato Institute filed. (Distributed)
- Feb 24 2023Brief amici curiae of Electronic Frontier Foundation, Immigrants Rising, Defending Rights & Dissent and Woodhull Freedom Foundation filed. (Distributed)
- Feb 24 2023Brief amici curiae of The Rutherford Institute and The Foundation for Individual Rights and Expression filed. (Distributed)
- Feb 24 2023Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
- Feb 24 2023Brief amicus curiae of Asian Americans Advancing Justice I AAJC, et al. filed. (Distributed)
- Feb 24 2023Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
- Feb 23 2023Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)
- Feb 22 2023Brief amicus curiae of Eugene Volokh filed. (Distributed)
- Feb 17 2023Brief of respondent Helaman Hansen filed. (Distributed)
- Feb 13 2023CIRCULATED
- Feb 03 2023Record requested from the U.S.C.A. for the Ninth Circuit.
- Feb 03 2023All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Eastern District of CA were transmitted electronically.
- Jan 31 2023SET FOR ARGUMENT on Monday, March 27, 2023.
- Jan 25 2023Brief amicus curiae of Pfizer Inc. in suppoprt of neither party filed.
- Jan 25 2023Brief amicus curiae of Immigration Reform Law Institute (Feb. 2, 2023) filed.
- Jan 25 2023Brief amici curiae of State of Montana, et al. filed.
- Jan 18 2023Brief of petitioner United States filed.
- Jan 18 2023Joint appendix filed. (Statement of cost filed.)
- Dec 09 2022Petition GRANTED.
- Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
- Nov 14 2022Reply of petitioner United States filed.
- Oct 28 2022Brief of respondent Helaman Hansen in opposition filed.
- Sep 28 2022Brief amici curiae of Arizona, et al. filed.
- Sep 16 2022Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2022.
- Sep 14 2022Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
- Aug 25 2022Petition for a writ of certiorari filed. (Response due September 28, 2022)