October Term 2011 · Docket 11-94
Must a jury decide the number of days a company violated a law?
The dispute centers on whether a judge or a jury must determine the duration of a corporate offense.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Carter Phillips argued the case involves findings the common law never entrusted to juries.
The government advocate stated the judge decides how often the crime was committed for sentencing.
Justice Alito questioned whether a corporation has a Sixth Amendment right to a jury trial.
Justice Kennedy asked what standard applies to jury trials when fines are involved.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 40-12 — Transcript, file page 10, lines 40-12
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
- Official Supreme Court Transcript — file page 3, lines 50-1 — Transcript, file page 3, lines 50-1
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 28-30 — Transcript, file page 4, lines 28-30
- Official Supreme Court Transcript — file page 4, lines 34-40 — Transcript, file page 4, lines 34-40
- Official Supreme Court Transcript — file page 5, lines 18-24 — Transcript, file page 5, lines 18-24
- Official Supreme Court Transcript — file page 5, lines 34-38 — Transcript, file page 5, lines 34-38
- Official Supreme Court Transcript — file page 6, lines 50-14 — Transcript, file page 6, lines 50-14
- Official Supreme Court Transcript — file page 6, lines 8-12 — Transcript, file page 6, lines 8-12
- Official Supreme Court Transcript — file page 7, lines 36-40 — Transcript, file page 7, lines 36-40
- Official Supreme Court Transcript — file page 7, lines 44-48 — Transcript, file page 7, lines 44-48
- Official Supreme Court Transcript — file page 9, lines 12-12 — Transcript, file page 9, lines 12-12
- Official Supreme Court Transcript — file page 9, lines 16-20 — Transcript, file page 9, lines 16-20
A citizen's guide to the whole case
What this case is about
Southern Union Company faces federal charges for violating a law over several months. The government sought a fine based on the number of days of violation. A lower court judge determined the duration and set the fine. The company argues this fact belongs to the jury. The government argues the judge may decide sentencing facts.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
How the case got here
The Supreme Court heard oral argument in this case on March 19, 2012.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
What each side wants
The company wants the jury to decide the number of violation days.
The government wants the judge to determine the duration for sentencing.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
What each side says
The company argues the duration is an element of the offense requiring a jury verdict.
The government argues the duration is a sentencing fact traditionally decided by judges.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
What the justices asked
Justice Ginsburg asked why the jury did not specify the exact number of violation days.
Justice Breyer asked if sentencing facts are traditionally found by judges rather than juries.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 40-12 — Transcript, file page 10, lines 40-12
- Official Supreme Court Transcript — file page 3, lines 50-1 — Transcript, file page 3, lines 50-1
- Official Supreme Court Transcript — file page 4, lines 28-30 — Transcript, file page 4, lines 28-30
- Official Supreme Court Transcript — file page 4, lines 34-40 — Transcript, file page 4, lines 34-40
- Official Supreme Court Transcript — file page 5, lines 18-24 — Transcript, file page 5, lines 18-24
- Official Supreme Court Transcript — file page 5, lines 34-38 — Transcript, file page 5, lines 34-38
- Official Supreme Court Transcript — file page 6, lines 50-14 — Transcript, file page 6, lines 50-14
- Official Supreme Court Transcript — file page 6, lines 8-12 — Transcript, file page 6, lines 8-12
- Official Supreme Court Transcript — file page 7, lines 36-40 — Transcript, file page 7, lines 36-40
- Official Supreme Court Transcript — file page 7, lines 44-48 — Transcript, file page 7, lines 44-48
- Official Supreme Court Transcript — file page 9, lines 12-12 — Transcript, file page 9, lines 12-12
- Official Supreme Court Transcript — file page 9, lines 16-20 — Transcript, file page 9, lines 16-20
Why it matters
This case defines the boundary between jury and judge roles in corporate criminal sentencing. It determines who controls the calculation of fines based on offense duration. The outcome shapes the procedural rights of corporations facing federal charges. It clarifies the scope of the Sixth Amendment in white-collar crime cases.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 40-12 — Transcript, file page 10, lines 40-12
- Official Supreme Court Transcript — file page 3, lines 50-1 — Transcript, file page 3, lines 50-1
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 28-30 — Transcript, file page 4, lines 28-30
- Official Supreme Court Transcript — file page 4, lines 34-40 — Transcript, file page 4, lines 34-40
- Official Supreme Court Transcript — file page 5, lines 18-24 — Transcript, file page 5, lines 18-24
- Official Supreme Court Transcript — file page 5, lines 34-38 — Transcript, file page 5, lines 34-38
- Official Supreme Court Transcript — file page 6, lines 50-14 — Transcript, file page 6, lines 50-14
- Official Supreme Court Transcript — file page 6, lines 8-12 — Transcript, file page 6, lines 8-12
- Official Supreme Court Transcript — file page 7, lines 36-40 — Transcript, file page 7, lines 36-40
- Official Supreme Court Transcript — file page 7, lines 44-48 — Transcript, file page 7, lines 44-48
- Official Supreme Court Transcript — file page 9, lines 12-12 — Transcript, file page 9, lines 12-12
- Official Supreme Court Transcript — file page 9, lines 16-20 — Transcript, file page 9, lines 16-20
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
- Official Supreme Court Transcript — file page 25, lines 20-34 — Transcript, file page 25, lines 20-34
- Official Supreme Court Transcript — file page 3, lines 20-48 — Transcript, file page 3, lines 20-48
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.