2004 Supreme Court term

RICHARD GERALD ROUSEY, ET UX. v. JILL R. JACOWAY.

Dockets 03-1407Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

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Background and question before the Court

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What each side argues

Petitioner

According to Petitioners, the petitioner asserts that IRA owners have two rights: a penalty‑free withdrawal after age 59½ or upon death/disability, and a penalty‑eligible early withdrawal.

Respondent

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Justice Stevens asked whether an absolute prohibition on early withdrawals would affect qualification for exemption.

Justice Scalia asked whether the IRA in the Andersen case was an IRA.

Justice Souter asked what the sanction would be if the plan is not repaid.

Justice Scalia asked whether in other plans one can get the money by paying a penalty.

Justice Stevens asked whether any judge has taken the view that exempting only 10% of the IRA is permissible.

What the Court decided

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Why it matters

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Terms to know

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Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • e66de82e761c6fa67921-r1-e2ed47a5b8b3709e.pdforal argument transcript

Guide generated September 20, 2026. Automated validation accepted this version.