Birchfield v. North Dakota - SCOTUSblog. Consolidated with: Holding: The Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. Judgment: Reversed and remanded, 7- 1, in an opinion by Justice Alito on June 2. Justice Sotomayor filed a concurring opinion, in which Justice Ginsburg joined.
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Justice Thomas filed a dissenting opinion. Date. Proceedings and Orders. May 1 2. 01. 5Application (1.
A1. 12. 2) to extend the time to file a petition for a writ of certiorari from May 1. July 1. 0, 2. 01. Justice Alito. May 5 2. Application (1. 4A1.
Justice Alito extending the time to file until June 1. Jun 1. 2 2. 01. 5Petition for a writ of certiorari filed. No. 1. 4- 1. 50. 7 are granted. VIDED. Feb 8 2. 01. Motion for leave to file amicus brief filed by Indiana Tech Law School Amicus Project in support of neither party. VIDED. Feb 9 2. 01. Brief amicus curiae of DUI Defense Lawyers Association filed.
VIDED. Feb 1. 1 2. Brief amici curiae of The National College for DUI Defense, and The National Association of Criminal Defense Lawyers filed. VIDED. Mar 2. 2 2. Missouri Dating Scam here. Brief amicus curiae of Mothers Against Drunk Driving filed. Rothfeld, Washington, D.
Thomas R. Mc. Carthy, Arlington, Va. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. REVERSED and case REMANDED.
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Judgment in No. 1. AFFIRMED. 1. 4- 1. VACATED AND REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined.