Question Presented (from Petition)
I. May a member of the Legislative Branch immediately appeal from the denial of his motion to dismiss an indictment on the ground that it violates the separation of powers protected by the Constitution's Rulemaking Clause?
a. Is such a claim immediately appealable by virtue of the collateral order doctrine where it invokes a claim of non-justiciability and separation of powers immunity and as a result cannot be redressed after a trial?
b. Is there pendent appellate jurisdiction doctrine to hear such a claim because of its relationship with an immediately appealable Speech or Debate Clause claim, or is that doctrine categorically unavailable in criminal cases?
II. Does the Speech or Debate Clause provide a legislator with immunity from criminal charges that are founded in part on the content of internal House of Representatives communications concerning the interpretation, application or administration of Rules of the Proceedings?
Question Presented (AI Summary)
Whether a member of the Legislative Branch may immediately appeal the denial of a motion to dismiss an indictment on Rulemaking Clause grounds
2019-02-19
Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/18pdf/18-406_gfbi.pdf'>Opinion</a>)
2019-02-04
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
DISTRIBUTED for Conference of 1/18/2019.
2019-01-07
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Reply of petitioner Aaron J. Schock filed. (Distributed)
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Brief of respondent United States in opposition filed.
2018-11-14
Motion to extend the time to file a response is granted and the time is further extended to and including December 5, 2018.
2018-11-13
Motion to extend the time to file a response from November 30, 2018 to December 5, 2018, submitted to The Clerk.
2018-10-30
Brief amici curiae of Former General Counsels of the U.S. House of Representatives filed.
2018-10-25
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2018.
2018-10-24
Motion to extend the time to file a response from October 31, 2018 to November 30, 2018, submitted to The Clerk.
2018-09-27
Petition for a writ of certiorari filed. (Response due October 31, 2018)
2018-08-21
Application (18A194) granted by Justice Kagan extending the time to file until September 27, 2018.
2018-08-17
Application (18A194) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Kagan.