Supreme Court of the United States · Official docket →
Brent Brewbaker v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-4544 · judgment December 1, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.
Questions presented
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Section 1 of the Sherman Act criminalizes “[e]very contract . . . in restraint of trade.” 15 U.S.C. § 1. This prohibition cannot be applied literally because it proscribes all contracts, thus leaving courts to define the offense. Does the criminal provision of Section 1 of the Sherman Act violate Article 1 of, and the Fifth and Sixth Amendments to, the United States Constitution?
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Did the court of appeals correctly apply the constitutional harmless-error test when it “presumed” that the jury was not affected by a constitutionally erroneous jury instruction?
Counsel of record
For petitioner
Elliot Sol Abrams
Cheshire Parker Schneider, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Nov 12 2024Petition DENIED.
- Oct 23 2024DISTRIBUTED for Conference of 11/8/2024.
- Sep 16 2024Reply of petitioner Brent Brewbaker filed.
- Sep 04 2024Brief of respondent United States in opposition filed.
- Aug 01 2024Petition for a writ of certiorari filed. (Response due September 4, 2024)