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No. 99-5525, Dickerson v. United States
Argued April 19, 2000
James W. Hundley, by appointment of the Court, 528 U. S. 1072,
argued the cause for petitioner. With him on the briefs were Carter G.
Phillips, Jeffrey T. Green, and Kurt H. Jacobs.
Solicitor General Waxman argued the cause for the United States.
With him on the briefs were Attorney General Reno, Assistant Attorney General
Robinson, Deputy Solicitor General Dreeben, James A. Feldman, and
Lisa S. Blatt.
Paul G. Cassell, by invitation of the Court, 528 U. S. 1045, argued the
cause as amicus curiae urging affirmance. With him on the brief were Daniel
J. Popeo and Paul D. Kamenar.
Briefs of amici curiae urging reversal were filed for the American
Civil Liberties Union by Jonathan L. Abram, Audrey J. Anderson, Steven R.
Shapiro, Vivian Berger, Susan N. Herman, and Stephen Schulhofer; for the
House Democratic Leadership by Charles Tiefer and Jonathan W. Cuneo; for
the National Association of Criminal Defense Lawyers et al. by Paul M.
Smith, Deanne E. Maynard, Lisa B. Kemler, and John T. Philipsborn; for the
National Legal Aid and Defender Association by Charles D. Weisselberg and
Michelle Falkoff; for the Rutherford Institute by James Joseph Lynch, Jr.,
and John W. Whitehead; for Griffin B. Bell by Robert S. Litt, John A. Freed-
man, and Daniel C. Richman; and for Benjamin R. Civiletti by Mr. Civiletti,
pro se, Kenneth C. Bass III, and John F. Cooney.
Briefs of amici curiae urging affirmance were filed for the State of
South Carolina et al. by Charles M. Condon, Attorney General of South
Carolina, Treva Ashworth, Deputy Attorney General, Kenneth P. Woodington,
Senior Assistant Attorney General, and Travey Colton Green, Assistant
Attorney General; for the Maricopa County Attorney’s Office by Theodore B.
Olson, Douglas R. Cox, and Miguel A. Estrada; for Arizona Voices for Victims
et al. by Douglas Beloof; for the Bipartisan Legal Advisory Group of the
United States House of Representatives by Geraldine R. Gennet, Kerry W.
Kircher, and Michael L. Stern; for the Center for the Community Interest
et al. by Daniel P. Collins, Kristin Linsley Myles, and Kelly M. Klaus; for the
Center for the Original Intent of the Constitution by Michael P. Farris; for
Citizens for Law and Order et al. by Theodore M. Cooperstein; for the Crimi-
nal Justice Legal Foundation by Kent S. Scheidegger, Charles L. Hobson, and
Edwin Meese III; for the Federal Bureau of Investigation Agents Association
by Robert F. Hoyt; for the Fraternal Order of Police by Patrick F. Philbin and
Thomas T. Rutherford; for the National Association of Police Organizations
et al. by Stephen R. McSpadden, Robert J. Cynkar, and Margaret A. Ryan; for
the National District Attorneys Association et al. by Lynne Abraham, Ronald
Eisenberg, Jeffrey C. Sullivan, John M. Tyson, Jr., Grover Trask, Christine A.
Cooke, John B. Dangler, and Richard E. Trodden; for Former Attorneys
General of the United States William P. Barr and Edwin Meese III by Andrew G.
McBride; for Senator Orrin G Hatch et al. by Senator Hatch, pro se;
and for Manning & Marder, Kass, Ellrod, Ramirez by Davis J. Wilson.
Wayne W. Schmidt, James P. Manak, and Bernard J. Farber filed a
brief for Americans for Effective Law Enforcement, Inc., et al. as amici curiae.
===========================================================
No. 99-478, Apprendi v. New Jersey
Argued March 28, 2000
Joseph D. O’Neill argued the cause for petitioner. With him on the
briefs were Charles I. Coant, Richard G. Singer and Jeffrey T. Green.
Lisa Sarnoff Gochman, Deputy Attorney General of New Jersey,
argued the cause for respondent. With her on the brief was John J. Farmer,
Jr., Attorney General.
Edward C. DuMont argued the cause for the United States as amicus
curiae urging affirmance. With him on the brief were Solicitor General
Waxman, Assistant Attorney General Robinson, Deputy Solicitor General
Dreeben, and Nina Goodman.
Briefs of amici curiae urging reversal were filed for the National Asso-
ciation of Criminal Defense Lawyers et al. by Steven B. Duke, Kyle O’Dowd,
Lisa B. Kemler, and Peter Goldberger; and for the Rutherford Institute by
John W. Whitehead and Steven H. Aden.
Briefs of amici curiae urging affirmance were filed for the Anti-
Defamation League by David M. Raim, Steven M. Freeman, and Michael
Lieberman; and for the Brudnick Center on Violence and Conflict et al. by
Brian H. Levin.
===========================================================
No. 99-401, California Democratic Party et al. v. Jones
Argued April 24, 2000
George Waters argued the cause for petitioners. With him on the briefs
were Lance H. Olson, N. Eugene Hill, and Charles H. Bell, Jr.
Thomas F. Gede, Special Assistant Attorney General of California,
argued the cause for respondents. With him on the brief were Bill Lockyer,
Attorney General, Manuel M. Medeiros, Senior Assistant Attorney General,
Andrea Lynn Hoch, Lead Supervising Deputy Attorney General, and James
P. Clark.
Briefs of amici curiae urging reversal were filed for the Eagle Forum
Education & Legal Defense Fund et al. by Erik S. Jaffe; for the Republican
National Committee et al. by Joseph Briefs E. Sandler and Thomas J. Josefiak;
and for the Republican Party of Alaska, Inc., et al. by Kenneth P. Jacobus.
Briefs of amici curiae urging affirmance were filed for the State of
Washington et al. by Christine O. Gregoire, Attorney General of Washington,
Maureen A. Hart, Senior Assistant Attorney General, Jeffrey T. Evan, Assis-
tant Attorney General, Bruce Botelho, Attorney General of Alaska, and Dan
Schweitzer; for California Governor Gray Davis by Demetrios A. Boutris, D.
Robert Shuman, Shelleyanne W. L. Chang, and Allen Sumner; for Alaskan
Voters for an Open Primary (AVOP) by Max F. Gruenberg, Jr., and for
Senator William E. Brock et al. by James M. Johnson.
Briefs of amici curiae were filed for the Brennan Center for Justice by Burt
Neuborne; and for the Northern California Committee for Party Renewal
et al. by E. Mark Braden.
===========================================================
No. 99-244, Mobil Oil Exploration & Producing Southeast, Inc. v. United States
No. 99-253, Marathon Oil Co. v. United States
Argued March 22, 2000
Carter G. Phillips argued the cause for petitioners in both cases. With
him on the briefs for petitioner Marathon Oil Co. were Richard D. Bernstein,
Griffith L. Green, Michael S. Lee, and Richard L. Horstman. E. Edward
Bruce and Steven J. Rosenbaum filed briefs for petitioner Mobil Oil Explora-
tion & Producing Southeast, Inc.
Kent L. Jones argued the cause for the United States in both cases.
With him on the brief were Solicitor General Waxman, Acting Assistant
Attorney General Ogden, Deputy Solicitor General Wallace, David M. Cohen,
Douglas N. Letter, Thomas M. Bondy, and Mark A. Melnick.
J. Berry St. John, Craig Wyman, G. William Frick, David T. Deal, and
Douglas Morris filed a brief for the American Petroleum Institute as amicus
curiae urging reversal.
A brief of amici curiae urging affirmance was filed for the State of
California et al. by Bill Lockyer, Attorney General of California, Richard M.
Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior
Assistant Attorney General, and John A. Saurenman, Deputy Attorney
General; and by the Attorneys General for their respective States as follows:
Michael F. Easley of North Carolina, W. A. Drew Edmondson of Oklahoma,
Hardy Myers of Oregon, Charlie Condon of South Carolina, and Christine O.
Gregoire of Washington.
===========================================================
No. 99-699, Boy Scouts of America et al. v. Dale
Argued April 26, 2000
George A. Davidson argued the cause for petitioners. With him on the
briefs were Carla A. Kerr, David K. Park, Michael W. McConnell, and
Sanford D. Brown.
Evan Wolfson argued the cause for respondent. With him on the brief were
Ruth E. Harlow, David Buckel, Jon W. Davidson, Beatrice Dohrn, Patricia M.
Logue, Thomas J. Moloney, Allyson W. Haynes, and Lewis H. Robertson.
Briefs of amici curiae urging reversal were filed for Agudath Israel of
America by David Zwiebel; for the American Center for Law and Justice et al.
by Jay Alan Sekulow, Vincent McCarthy, John P. Tuskey, and Laura B.
Hernandez; for the American Civil Rights Union by Peter J. Ferrara; for the
Becket Fund for Religious Liberty by Kevin J. Hasson and Eric W. Treene; for
the California State Club Association et al. by William I. Edlund; for the
Center for the Original Intent of the Constitution by Michael P. Farris; for
the Christian Legal Society et al. by Kimberlee Wood Colby and Carl H.
Esbeck; for the Claremont Institute Center for Constitutional Jurisprudence
by Edwin Meese III; for the Eagle Forum Education & Legal Defense Fund
et al. by Erik S. Jaffe; for the Family Defense Council et al. by William E.
Fay III; for the Family Research Council by Janet M. LaRue; for Gays and
Lesbians for Individual Liberty by William H. Mellor, Clint Bolick, and Scott
G. Bullock; for the Individual Rights Foundation by Paul A. Hoffman and
Patrick J. Manshardt; for the Institute for Public Affairs of the Union of
Orthodox Jewish Congregations of America by Nathan J. Diament; for the
Liberty Legal Institute by Kelly Shackelford and George B. Flint; for the
National Catholic Committee on Scouting et al. by Von G. Keetch; for the
National Legal Foundation by Barry C. Hodge; for the Pacific Legal Founda-
tion by John H. Findley; for Public Advocate of the United States et al. by
William J. Olson and John S. Miles; for the United States Catholic Confer-
ence et al. by Mark E. Chopko and Jeffrey Hunter Moon; and for John J.
Hurley et al. by Chester Darling, Michael Williams, and Dwight G. Duncan.
Briefs of amici curiae urging affirmance were filed for the State of New
Jersey by John J. Farmer, Jr., Attorney General, Jeffrey Burstein, Senior
Deputy Attorney General, and Charles S. Cohen, Deputy Attorney General;
for the State of New York et al. by Eliot Spitzer, Attorney General of New
York, Preeta D. Bansal, Solicitor General, and Adam L. Aronson, Assistant
Solicitor General, and by the Attorneys General for their respective States as
follows: Bill Lockyer of California, Earl I. Anzai of Hawaii; J. Joseph Curran,
Jr., of Maryland, Thomas F. Reilly of Massachusetts, Philip T. McLaughlin of
New Hampshire, W. A. Drew Edmondson of Oklahoma; Hardy Myers of
Oregon, William H. Sorrell of Vermont, and Christine O. Gregoire of Wash-
ington; for the city of Atlanta et al. by Peter T. Barbur, Sara M. Darehshori,
James K. Hahn, David I. Schulman, Jeffrey L. Rogers, Madelyn F. Wessel,
Thomas J. Berning, Lawrence E. Rosenthal, Benna Ruth Solomon, Michael D.
Hess, Leonard J. Koerner, Florence A. Hutner, and Louise Renne; for the
American Association of School Administrators et al. by Mitchell A. Karlan;
for the American Bar Association by William G. Paul and Robert H. Murphy;
for the American Civil Liberties Union et al. by Matthew A. Coles, Steven R.
Shapiro, Sara L. Mandelbaum, and Lenora M. Lapidus; for the American
Jewish Congress by Marc D. Stern; for the American Psychological Associa-
tion by Paul M. Smith, Nory Miller, James L. McHugh, and Nathalie F. P.
Gilfoyle; for the American Public Health Association et al. by Marvin E.
Frankel, Jeffrey S. Trachtman, and Kerri Ann Law; for Bay Area Lawyers for
Individual Freedom et al. by Edward W. Swanson and Paula A. Brantner; for
Deans of Divinity Schools and Rabbinical Institutions by David A. Schulz; for
the National Association for the Advancement of Colored People by Dennis C.
Hayes and David T. Goldberg; for Parents, Families, and Friends of Lesbians
and Gays, Inc., et al. by John H. Pickering, Daniel H. Squire, and Carol J.
Banta; for the Society of American Law Teachers by Nan D. Hunter and
David Cole; and for Roland Pool et al. by David M. Gische and Merril Hirsh.
Michael D. Silverman filed a brief for the General Board of Church and
Society of the United Methodist Church et al.
===========================================================
No. 98-1856, Hill et al. v. Colorado et al.
Argued January 19, 2000
Jay Alan Sekulow argued the cause for petitioners. With him on the
briefs were James M. Henderson, Sr., Walter M. Weber, Joel H. Thornton,
Thomas P. Monaghan, and Roger W. Westlund.
Michael E. McLachlan, Solicitor General of Colorado, argued the cause
for respondents. With him on the brief were Ken Salazar, Attorney General,
Felicity Hannay, Deputy Attorney General, Carol D. Angel, Senior Assistant
Attorney General, and Maureen Herr Juran.
Deputy Solicitor General Underwood argued the cause for the United
States as amicus curiae urging affirmance. With her on the brief were Solici-
tor General Waxman, Acting Assistant Attorney General Lee, Beth S. Brinkmann,
David K. Flynn, and Louis E. Peraertz.
Briefs of amici curiae urging reversal were filed for the American Civil
Liberties Union by Steven R. Shapiro; for Liberty Counsel by Mathew D.
Staver; and for People for the Ethical Treatment of Animals by David N.
Ventker.
Briefs of amici curiae urging affirmance were filed for the State of New
York et al. by Eliot Spitzer, Attorney General of New York, Preeta D. Bansal,
Solicitor General, Carol Fischer, Assistant Solicitor General, and Jennifer K.
Brown, Assistant Attorney General, and by the Attorneys General for their
respective States as follows: Janet Napolitano of Arizona, Bill Lockyer of
California, Richard Blumenthal of Connecticut, Earl I. Anzai of Hawaii,
Carla J. Stovall of Kansas, Andrew Ketterer of Maine, J. Joseph Curran, Jr.,
of Maryland, Thomas F. Reilly of Massachusetts, Jeremiah W. (Jay) Nixon of
Missouri, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada,
Patricia A. Madrid of New Mexico, W. A. Drew Edmondson of Oklahoma,
Hardy Myers of Oregon, Sheldon Whitehouse of Rhode Island, William H.
Sorrell of Vermont, and Christine O. Gregoire of Washington; for the City of
Boulder et al. by Daniel E. Muse and James C. Thomas; for the American
College of Obstetricians and Gynecologists et al. by Carter G. Phillips, Mark
E. Haddad, Ann E. Allen, Michael L. Ile, and Leonard A. Nelson; and for the
National Abortion and Reproductive Rights Action League et al. by Lucinda
M. Finley, Jennifer C. Jaff, Martha F. Davis, Roslyn Powell, and Yolanda S.
Wu.
Briefs of amici curiae were filed for the American Federation of Labor and
Congress of Industrial Organizations by Jonathan P. Hiatt and Laurence
Gold; and for the Life Legal Defense Foundation by Andrew W. Zepeda.
===========================================================
No. 98-1648, Mitchell v. Helms
Argued December 1, 1999
Michael W. McConnell argued the cause for petitioners. With him on
the briefs were Patricia A. Dean, Andrew T. Karron, and John C. Massaro.
Deputy Solicitor General Underwood argued the cause for respondents.
With her on the briefs were Solicitor General Waxman, Acting Assistant
Attorney General Ogden, Paul R. Q. Wolfson, Michael Jay Singer, and How-
ard S. Scher.
Lee Boothby argued the cause for respondents. With him on the brief
was Nicholas P. Miller.
Briefs of amici curiae urging reversal were filed for the State of Ohio
et al. by Betty D. Montgomery, Attorney General of Ohio, Edward B. Foley,
State Solicitor, Robert C. Maier, Assistant Solicitor, and by the Attorneys
General for their respective States as follows: Ken Salazar of Colorado,
Robert A. Butterworth of Florida, James E. Ryan of Illinois, Thomas J. Miller
of Iowa, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Jennifer
M. Granholm of Michigan, Mike Moore of Mississippi, Don Stenberg of Ne-
braska, John J. Farmer, Jr., of New Jersey, Charles M. Condon of South
Carolina, and Mark L. Earley of Virginia; for the City of New York et al. by
Michael D. Hess, Leonard J. Koerner, and Edward F. X. Hart; for the Ameri-
can Center for Law and Justice by Jay Alan Sekulow, John P. Tuskey, Walter
W. Weber, Colby M. May, and Vincent P. McCarthy; for the Arizona Council
for Academic Private Education et al. by Edward McGlynn Gaffney, Jr., and
David J. Hessler; for the AVI CHAI Foundation by Nathan Lewin, Julia E.
Guttman, and Jody Manier Kris; for the Becket Fund for Religious Liberty by
Kevin J. Hasson and Eric W. Treene; for the Catholic League for Religious
and Civil Rights by Robert P. George; for the Knights of Columbus by Kevin
T. Baine and Emmet T. Flood; for the United States Catholic Conference by
Mark E. Chopko, John A. Liekweg, and Jeffrey Hunter Moon; and for the
Washington Legal Foundation by Daniel J. Popeo and R. Shawn Gunnarson.
Briefs of amici curiae urging affirmance were filed for the American
Civil Liberties Union et al. by Drew S. Days III, Anthony M. Radice, Lev L.
Dassin, and Laura R. Taichman; for the Baptist Joint Committee on Public
Affairs by Melissa Rogers and J. Brent Walker; for the Interfaith Religious
Liberty Foundation et al. by Derek Davis and Alan J. Reinach; for the Na-
tional Committee for Public Education and Religious Liberty et al. by Mar-
shall Beil and Philip Goldstein; for the National Education Association by
Robert H. Chanin, Jeremiah A. Collins, and Michael D. Simpson; for the
National Jewish Commission on Law and Public Affairs by Dennis Rapps,
David Zwiebel, Nathan Diament, and Nathan Lewin; and for the National
School Boards Association et al. by Julie Underwood, Jay Worona, and Pilar
Sokol.
Briefs of amici curiae were filed for the Christian Legal Society et al.
by Steven T. McFarland, Samuel B. Casey, and Carl H. Esbeck; for the Insti-
tute for Justice et al. by William H. Mellor and Clint Bolick; for the Pacific
Legal Foundation by Sharon L. Browne and Deborah J. La Fetra; and for the
Rutherford Institute by John W. Whitehead and Steven H. Aden.
===========================================================
No. 99-830, Stenberg, Attorney General of Nebraska, et al. v. Carhart
Argued April 25, 2000
Don Stenberg, Attorney General of Nebraska, pro se, argued the cause
for petitioners. With him on the briefs was L. Steven Grasz, Deputy Attorney
General.
Simon Heller argued the cause for respondent. With him on the brief
were Janet Benshoof, Priscilla J. Smith, Bonnie Scott Jones, Jerry M. Hug,
and Alan G. Stoler.
Briefs of amici curiae urging reversal were filed for the State of Louisi-
ana et al. by Richard P. Ieyoub, Attorney General of Louisiana, Roy A. Mon-
grue, Jr., Assistant Attorney General, Dorinda C. Bordlee, Special Assistant
Attorney General, Mike Moore, Attorney General of Mississippi, Nikolas T.
Nikas, and Stephen M. Crampton; for the State of Texas by John Cornyn,
Attorney General, Andy Taylor, First Assistant Attorney General, Linda S.
Eads, Deputy Attorney General, Gregory S. Coleman, Solicitor General, and
Julie Caruthers Parsley, Deputy Solicitor General; for the State of Wisconsin
by James E. Doyle, Attorney General, and Susan K. Ullman, Assistant Attor-
ney General; for Agudath Israel of America by David Zwiebel; for the Ameri-
can Center for Law and Justice et al. by Jay Alan Sekulow, James M.
Henderson, Sr., Walter M. Weber, Thomas P. Monaghan, Richard Thompson,
and Edward L. White III; for the Association of American Physicians and
Surgeons et al. by Teresa Stanton Collett; for Family First by Paul Benjamin
Linton; for Feminists for Life of America et al. by Dwight G. Duncan; for the
Knights of Columbus by Pat A. Cipollone and Carl A. Anderson; for the
National Association of Prolife Nurses, Inc., by William C. Porth and Robert
P. George; for the National Right to Life Committee by James Bopp, Jr.,
Richard E. Coleson, and Thomas J. Marzen; for the Rutherford Institute by
Thomas W. Strahan, John W. Whitehead, and Steven H. Aden; for the United
States Catholic Conference et al. by Mark E. Chopko and Michael F. Moses;
and for Representative Charles T. Canady et al. by James Bopp, Jr., Richard
E. Coleson, and Thomas J. Marzen.
Briefs of amici curiae urging affirmance were filed for the United
States by Solicitor General Waxman, Deputy Solicitor General Underwood,
Paul R. Q. Wolfson, Harriet S. Rabb, Marcy J. Wilder, and Kenneth Y. Choe;
for the State of California by Bill Lockyer, Attorney General, Peter J. Siggins,
Chief Deputy Attorney General, and Patricia A. Wynne, Special Assistant
Attorney General; for the State of New York et al. by Eliot Spitzer, Attorney
General of New York, Preeta D. Bansal, Solicitor General, and Jennifer K.
Brown, Assistant Attorney General, Andrew Ketterer, Attorney General of
Maine, Hardy Myers, Attorney General of Oregon, and William H. Sorrell,
Attorney General of Vermont; for the American Civil Liberties Union et al. by
Catherine Weiss, Steven R. Shapiro, and Colleen K. Connell; for the American
College of Obstetricians and Gynecologists et al. by Adam L. Frank, A. Ste-
phen Hut, Jr., and Matthew A. Brill; for the Naral Foundation et al. by James
P. Joseph, Nancy L. Perkins, and Elizabeth Arndorfer; for Planned Parent-
hood of Wisconsin et al. by Roger K. Evans, Eve C. Gartner, and Dara Klassel;
for the Religious Coalition for Reproductive Choice et al. by Carrie Y. Flax-
man; for Seventy-five Organizations Committed to Women’s Equality by
Susan Frietsche, Carol E. Tracy, Martha F. Davis, Roslyn Powell, and Yo-
landa S. Wu; and for Senator Barbara Boxer et al. by Robert Lewin, Kevin J.
Curnin, Claude G. Szyfer, and Robert Abrams.
Briefs of amici curiae were filed by the Commonwealth of Virginia
et al. by Mark L. Earley, Attorney General of Virginia, William H. Hurd,
Solicitor General, and Daniel J. Poynor, Alison P. Landry, and Anthony P.
Meredith, Assistant Attorneys General, Claire J. V. Richards, James Bopp,
Jr., Richard E. Coleson, Thomas J. Marzen, Richard F. Collier, Jr., and by
the Attorneys General for their respective States as follows: Bill Pryor of
Alabama, Alan G. Lance of Idaho, James E. Ryan of Illinois, Thomas J. Miller
of Iowa, Jennifer M. Granholm of Michigan, Heidi Heitkamp of North Dakota,
Betty D. Montgomery of Ohio, D. Michael Fisher of Pennsylvania, Charlie
Condon of South Carolina, Mark Barnett of South Dakota, and Jan Graham
of Utah; and for the Family Research Council by Teresa R. Wagner.
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