No. 22-179
United States v. Helaman Hansen
Tags: 8-usc-1324 commercial-advantage constitutional-challenge criminal-prohibition first-amendment immigration immigration-law overbreadth overbreadth-doctrine private-financial-gain statutory-interpretation
Key Terms:
FirstAmendment Immigration JusticiabilityDoctri
FirstAmendment Immigration JusticiabilityDoctri
Latest Conference:
2022-12-09
(distributed 2 times)
Question Presented (AI Summary)
Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds. (1)
Docket Entries
2023-07-25
Judgment issued.
2023-06-23
Judgment REVERSED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/22-179_o75q.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
2023-03-27
Argued. For petitioner: Brian H. Fletcher, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Esha Bhandari, New York, N. Y.
2023-03-17
Reply of petitioner United States filed. (Distributed)
2023-02-24
Brief amici curiae of Electronic Frontier Foundation, Immigrants Rising, Defending Rights & Dissent and Woodhull Freedom Foundation filed. (Distributed)
2023-02-24
Brief amici curiae of Religious Organizations filed. (Distributed)
2023-02-24
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. (Mar. 1, 2023) filed. (Distributed)
2023-02-24
Brief amici curiae of The First Amendment Coalition Freedom of the Press Foundation, et al filed (Mar. 10, 2023). (Distributed)
2023-02-24
Brief amicus curiae of Cato Institute filed. (Distributed)
2023-02-24
Brief amici curiae of The Rutherford Institute and The Foundation for Individual Rights and Expression filed. (Distributed)
2023-02-24
Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
2023-02-24
Brief amicus curiae of Asian Americans Advancing Justice I AAJC, et al. filed. (Distributed)
2023-02-24
Brief amici curiae of Immigration Representatives and Organizations filed. (Distributed)
2023-02-23
Brief amicus curiae of Reporters Committee for Freedom of the Press filed. (Distributed)
2023-02-22
Brief amicus curiae of Eugene Volokh filed. (Distributed)
2023-02-17
Brief of respondent Helaman Hansen filed. (Distributed)
2023-02-13
CIRCULATED
2023-02-03
All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Eastern District of CA were transmitted electronically.
2023-02-03
Record requested from the U.S.C.A. for the Ninth Circuit.
2023-01-31
SET FOR ARGUMENT on Monday, March 27, 2023.
2023-01-25
Brief amici curiae of State of Montana, et al. filed.
2023-01-25
Brief amicus curiae of Immigration Reform Law Institute (Feb. 2, 2023) filed.
2023-01-25
Brief amicus curiae of Pfizer Inc. in suppoprt of neither party filed.
2023-01-18
Brief of petitioner United States filed.
2023-01-18
Joint appendix filed. (Statement of cost filed.)
2022-12-09
Petition GRANTED.
2022-12-05
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Reply of petitioner United States filed.
2022-10-28
Brief of respondent Helaman Hansen in opposition filed.
2022-09-28
Brief amici curiae of Arizona, et al. filed.
2022-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2022.
2022-09-14
Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
2022-08-25
Petition for a writ of certiorari filed. (Response due September 28, 2022)
Attorneys
Arizona, et al.
Asian Americans Advancing Justice I AAJC and 45 Community-Based, Advocacy, and Social Services Organizations
Cato Institute
Clark M. Neily III — Cato Institute, Amicus
Clark M. Neily III — Cato Institute, Amicus
City and County of San Francisco
Electronic Frontier Foundation, Immigrants Rising, Defending Rights & Dissent and Woodhull Freedom Foundation
Helaman Hansen
Carolyn Mary Wiggin — Office of the Federal Defender, E.D. Cal., Respondent
Carolyn Mary Wiggin — Office of the Federal Defender, E.D. Cal., Respondent
Esha Bhandari — American Civil Liberties Union Foundation, Respondent
Esha Bhandari — American Civil Liberties Union Foundation, Respondent
Immigration Reform Law Institute
Immigration Representatives and Organizations
National Association of Criminal Defense Lawyers and National Association of Federal Defenders
Pfizer Inc.
Religious Organizations
Matthew S. Hellman — Jenner & Block LLP, Amicus
Matthew S. Hellman — Jenner & Block LLP, Amicus
Reporters Committee for Freedom of the Press
State of Montana
The First Amendment Coalition Freedom of the Press Foundation et al
The Rutherford Institute and The Foundation for Individual Rights and Expression
Erin Glenn Busby — Amicus
Erin Glenn Busby — Amicus
United States
Elizabeth B. Prelogar — Solicitor General, Petitioner
Elizabeth B. Prelogar — Solicitor General, Petitioner