Find Court Cases > Robertson v. United States ex rel. Watson

Robertson v. United States ex rel. Watson

Case Date: 03/31/2010
Docket No: none

Facts of the Case 

A victim who obtained a civil protection order ("CPO") against John Robertson moved to hold him in criminal contempt for violating the order. A District of Columbia Superior Court convicted Mr. Robertson on three counts of criminal contempt for violating the CPO. Mr. Robertson moved to vacate the convictions, which was denied. On appeal, the District of Columbia Court of Appeals affirmed Mr. Robertson's conviction.

Read the Briefs for this Case
  • Brief for Petitioner
  • Brief for Respondent
  • Brief for the District of Columbia as Amicus Curiae In Support of Respondent
  • Brief for Domestic Violence Legal Empowerment And Appeals Project And Other Domestic Violence Organizations, Scholars, And Professionals as Amici Curiae In Support of Respondent
    • Question 

    Is an action for criminal contempt in a congressionally created court brought in the name and pursuant to the power of a private person, rather than in the name and pursuant to the power of the United States, constitutional?

    Argument Robertson v. United States ex rel. Watson - Oral ArgumentFull Transcript Text  Download MP3 Conclusion 

    Split Vote

    The Supreme Court dismissed the writ of certiorari as improvidently granted.

    Chief Justice John G. Roberts, joined by Justices Antonin G. Scalia, Anthony M. Kennedy, and Sonia Sotamayor, dissented. He recognized the complexity of the issue raised before the Court. However, he argued the answer to it is "no." He explained that "[t]he terrifying force of the criminal justice system may only be brought to bear against an individual by society as a whole, through a prosecution brought on behalf of the government" – not an individual.