SCOTUSblog Petition of the Day: Moloney v. United States

Petition of the day
Mary Dwyer
Fri, April 12th, 2013
SCOTUSblog

The petition of the day is: Moloney v. United States 12-627

Issue: (1) Whether persons with Article III standing to object to criminal subpoenas of confidential information have a First Amendment or Due Process right to be heard and to present evidence in support of their objections; and (2) whether the lower court applied the correct legal standard to subpoenas issued by foreign governments pursuant to Mutual Legal Assistance Treaties and 18 U.S.C. § 3512.

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog(Apr. 12, 2013, 9:58 PM), http://www.scotusblog.com/2013/04/petition-of-the-day-435/

Petition of the day, explained

The “Petition of the day” posts feature petitions that are likely to appear on our “Petitions to watch” list when they are scheduled for consideration by the Justices. “Petitions of the day” are those that Tom has identified as raising one or more questions that have a reasonable chance of being granted in an appropriate case. We generally do not attempt to evaluate whether the case presents an appropriate vehicle to decide the question, which is a critical consideration in determining whether certiorari will be granted.


Moloney v. United States

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
12-627 1st Cir. TBD TBD TBD TBD TBD
Issue: (1) Whether persons with Article III standing to object to criminal subpoenas of confidential information have a First Amendment or Due Process right to be heard and to present evidence in support of their objections; and (2) whether the lower court applied the correct legal standard to subpoenas issued by foreign governments pursuant to Mutual Legal Assistance Treaties and 18 U.S.C. § 3512.
Date Proceedings and Orders
Sep 28 2012 Application (12A310) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Breyer.
Oct 1 2012 UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the First Circuit, case Nos. 11-2511 and 12-1159, is hereby stayed pending receipt of a response, due on or before Thursday, October 11, 2012, by 4 p.m., and further order of Justice Breyer or of the Court.
Oct 11 2012 Response to application from respondent United States, et al. filed.
Oct 15 2012 Reply of applicant Ed Moloney and Anthony McIntyre filed.
Oct 17 2012 Application (12A310) granted by Justice Breyer. UPON FURTHER CONSIDERATION of the application of counsel for the applicants, the response filed thereto, and the reply, IT IS ORDERED that the mandate of the United States Court of Appeals for the First Circuit, case Nos. 11-2511 and 12-1159, is hereby stayed until November 16, 2012. If the applicants file a petition for a writ of certiorari on or before that date, then the mandate of the First Circuit is further stayed until the petition is resolved by this Court. Should the petition be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. If the applicants do not file a petition for certiorari on or before November 16, then the stay shall expire at 5 p.m. that day.
Nov 16 2012 Petition for a writ of certiorari filed. (Response due December 19, 2012)
Nov 29 2012 Waiver of right of respondents United States, et al. to respond filed.
Dec 19 2012 Brief amici curiae of The Ancient Order of Hibernians, et al.
Dec 19 2012 Brief amicus curiae of Article 19: Global Campaign for Free Expression filed.
Dec 19 2012 Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
Dec 19 2012 Brief amici curiae of Social Science Scholars filed.
Dec 21 2012 Order extending time to file response to petition to and including January 31, 2013.
Jan 28 2013 Order further extending time to file response to petition to and including March 4, 2013.
Mar 4 2013 Brief of respondents United States, et al. in opposition filed.
Mar 15 2013 Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
Mar 20 2013 DISTRIBUTED for Conference of April 12, 2013.