Decided

No. 24-482

Holsey Ellingburg, Jr. v. United States

from the United States Court of Appeals for the Eighth Circuit

See other cases from the Eighth Circuit.

Docket Entries

Judgment Issued.

Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf'>opinion</a> for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined.

Argued. For petitioner: Amy M. Saharia, Washington, D. C. For respondent in support of vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: John F. Bash, Austin, Tex.

Sealed material received electronically from the United States District Court for the Western District of Missouri. The remainder of the record is electronic and is available on PACER.

Reply of respondent United States filed. (Distributed)

Motion for divided argument filed by respondent GRANTED.

Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)

CIRCULATED

Brief amicus curiae of Debra Ricketts-Holder filed. (Distributed)

Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).

Brief of Court-appointed amicus curiae in support of the judgment below filed.

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

Motion for divided argument filed by the Solicitor General.

SET FOR ARGUMENT on Tuesday, October 14, 2025.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of Professor Beth A. Colgan filed.

Brief amicus curiae of Professor Wayne A. Logan filed.

Brief amicus curiae of Professor Jennifer Laurin filed.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.

Brief amici curiae of Restitution Scholars filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief of petitioner Holsey Ellingburg, Jr. filed.

Brief of respondent United States supporting vacatur filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Motion to dispense with printing the joint appendix filed by petitioner Holsey Ellingburg, Jr.

Motion to extend the time to file brief of Court-appointed amicus curiae in support of the judgment below is granted and the time is extended to and including August 22, 2025.

Motion of Court-appointed amicus curiae for an extension of time filed.

John F. Bash, Esquire, of Austin, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted, and the time is extended to and including June 23, 2025.

Letter of respondent United States notifying the Court that the government will be filing a merits brief in support of the petitioner on the question presented, filed.

Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 4/4/2025.

DISTRIBUTED for Conference of 3/28/2025.

DISTRIBUTED for Conference of 3/21/2025.

DISTRIBUTED for Conference of 3/7/2025.

DISTRIBUTED for Conference of 2/28/2025.

Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)

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.

Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025.

Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025.

Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.

Response Requested. (Due December 9, 2024)

DISTRIBUTED for Conference of 11/22/2024.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari filed. (Response due November 29, 2024)

Parties

Holsey Ellingburg, Jr., Petitioner, represented by Lisa Schiavo Blatt

Holsey Ellingburg, Jr., Petitioner, represented by Amy Mason Saharia

United States, Respondent, represented by D. John Sauer

Amici Curiae

Beth A. Colgan, Amicus Curiae, represented by Beth A. Colgan

Cato Institute and Fines and Fees Justice Center, Amicus Curiae, represented by Matthew P. Cavedon

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Court-appointed amicus curiae in support of judgment below, Amicus Curiae, represented by John F. Bash

Debra Ricketts-Holder, Amicus Curiae, represented by Allyson Ho

NACDL and FAMM, Amicus Curiae, represented by Lauren Willard Zehmer

Professor Jennifer Laurin, Amicus Curiae, represented by Mahogane Denea Reed

Restitution Scholars, Amicus Curiae, represented by Andrew Timothy Tutt

Wayne A. logan, Amicus Curiae, represented by Krystal Brunner Swendsboe

 
Last updated: April 18, 2026