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James E. Snyder v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2986 · judgment June 15, 2023


Decided · June 26, 2024
Pre-decision estimate: 30% cert probability (95% interval 20%–44%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Question presented

18 U.S.C. § 666(a)(1)(B) makes it a federal crime for a state or local official to "corruptly solicit[,] demand[,] ... or accept[] ... anything of value from any person, intending to be influenced or rewarded in connection with any" government business "involving any thing of value of $5,000 or more." The question presented, on which the circuits are divided, is: Whether section 666 criminalizes gratuities, i.e., payments in recognition of actions the official has already taken or committed to take, without any quid pro quo agreement to take those actions.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage · 7 merits
(7 supporting pet./neither)

Argument & decision

Argued April 15, 2024 — Lisa S. Blatt · Colleen R. Sinzdak. Audio and transcript

Decided June 26, 2024. Opinion by Kavanaugh.

Proceedings

  1. Jul 29 2024
    Judgment Issued.
  2. Jun 26 2024
    Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
  3. Apr 15 2024
    Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C
  4. Apr 02 2024
    Reply of petitioner James E. Snyder filed. (Distributed)
  5. Mar 20 2024
    CIRCULATED
  6. Mar 11 2024
    Brief of respondent United States filed.
  7. Feb 22 2024
    Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
  8. Feb 16 2024
    SET FOR ARGUMENT on Monday, April 15, 2024.
  9. Feb 16 2024
    Record requested from the United States Court of Appeals for the Seventh Circuit.
  10. Feb 12 2024
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  11. Feb 12 2024
    Brief amicus curiae of Laborers' International Union of North America filed.
  12. Feb 12 2024
    Brief amicus curiae of Separation of Powers Clinic filed.
  13. Feb 12 2024
    Brief amicus curiae of American Center for Law and Justice filed.
  14. Feb 12 2024
    Brief amicus curiae of International Union of Operating Engineers, Local 150, AFL-CIO filed.
  15. Feb 09 2024
    Brief amici curiae of Washington Legal Foundation and Due Process Institute filed.
  16. Feb 09 2024
    Brief amicus curiae of James Madison Center for Free Speech filed.
  17. Feb 05 2024
    Brief of petitioner James E. Snyder filed.
  18. Feb 05 2024
    Joint appendix filed.
  19. Dec 28 2023
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 5, 2024. The time to file respondent's brief on the merits is extended to and including March 11, 2024. The reply brief on the merits will be filed in compliance with Rule 25.3.
  20. Dec 18 2023
    Motion for an extension of time to file the briefs on the merits filed.
  21. Dec 13 2023
    Petition GRANTED.
  22. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  23. Nov 21 2023
    Reply of petitioner James E. Snyder filed. (Distributed)
  24. Nov 20 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed bypetitioner.
  25. Nov 16 2023
    Brief of respondent United States in opposition filed.
  26. Oct 26 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including November 16, 2023.
  27. Oct 25 2023
    Motion to extend the time to file a response from November 6, 2023 to November 16, 2023, submitted to The Clerk.
  28. Sep 18 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
  29. Sep 15 2023
    Motion to extend the time to file a response from October 5, 2023 to November 6, 2023, submitted to The Clerk.
  30. Sep 05 2023
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  31. Sep 01 2023
    Brief amicus curiae of American Center for Law and Justice filed.
  32. Aug 31 2023
    Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2023.
  33. Aug 29 2023
    Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
  34. Aug 01 2023
    Petition for a writ of certiorari filed. (Response due September 5, 2023)