Decided

No. 23-1150

Corey Deyon Duffey and Jarvis Dupree Ross v. United States

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment Issued.

Judgment REVERSED and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf'>opinion</a> of the Court with respect to Parts I, II, and III, in which Roberts, C. J., and Sotomayor, Kagan, and Gorsuch, JJ., joined, and an opinion with respect to Parts IV and V, in which Sotomayor and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Kavanaugh, and Barrett, JJ., joined. VIDED.

Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D. C. VIDED.

CIRCULATED

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.

Michael H. McGinley, Esquire, of Washington, D. C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment below. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1002. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1002. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 23-1002 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of 7/1/2024.

Reply of petitioners Corey Duffey, et al. filed. (Distributed)

DISTRIBUTED for Conference of 6/20/2024.

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Brief of respondent United States in opposition filed. VIDED.

Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.

Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due May 23, 2024)

Parties

Corey Duffey, et al., Petitioner, represented by Jo-Ann Tamila Sagar

Corey Duffey, et al., Petitioner, represented by Neal Kumar Katyal

United States, Respondent, represented by D. John Sauer

Amici Curiae

American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Kevin James Poloncarz

 
Last updated: April 18, 2026