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
Justice Scalia asked whether the parties believed in the Apprendi doctrine.
An amicus brief filed by the States warned that a purely rule‑based application of the Apprendi doctrine could threaten fine statutes.
Background and question before the Court
Oral argument began before the Supreme Court at 11:05 a.m.
According to Justice Scalia, the Court considered whether a jury trial was constitutionally required.
What each side argues
Petitioner (Southern Union Company)
Source-limited. The record does not yet support a complete account.
Respondent (United States)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Scalia asked, “Was that jury trial constitutionally required?”
Justice Ginsburg asked, “What do you make of this?”
Justice Kagan asked whether the core domain was defined by a specific statutory offense.
Chief Justice Roberts asked whether the government could simply request jury findings on the issues.
Justice Scalia asked to discuss “Tyler.”
Justice Scalia asked whether the issue was a matter of statutory construction.
Justice Scalia asked whether the parties believed in the Apprendi doctrine.
Justice Sotomayor asked whether common law required jury submission when only some states used juries.
- [1] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 3
- [2] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 21
- [3] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 30
- [4] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 36
- [5] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 37
- [6] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 39
- [7] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 40
- [8] 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdf, p. 41
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 0458f328fb053f6444fc-r1-2cf2ed3e46f7d980.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.