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Jury trials for criminal fines

Southern Union v. United States

Updated Oct 26, 2026

In brief

The Supreme Court overturned the First Circuit's judgment and sent Southern Union's case back for another look.

Where it stands
Decided

Decided 6-3 · June 21, 2012 · Opinion by Justice Sotomayor

What it’s about
Southern Union Company challenged how a criminal fine was calculated, asking whether a jury must find facts that raise a fine above the statutory maximum.
Who it affects
The First Circuit's judgment in Southern Union's case no longer stands, and the dispute returns to that court.

Summary: written with AI from the case record.

Illustration for Southern Union Company v. United States
Conceptual illustration · AI-generated

What it's about

The Supreme Court overturned the First Circuit’s judgment and sent the case back to the lower court (remanded).

The case asked whether the jury-trial rule for facts that increase criminal punishment above the legal maximum also applies when the punishment is a fine.

Question presented

In light of the rights to criminal due process under the Fifth Amendment and a trial by jury under the Sixth Amendment, must a fact that increases the penalty for a crime, beyond the prescribed statutory maximum, be submitted to a jury and proved beyond a reasonable doubt if the penalty is the imposition of criminal fines?

What the Court decided

Holding

Judgment reversed and case remanded. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined.

Result
Reversed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 6joined the Court's opinion
  1. Kagan
  2. Thomas
  3. Scalia
  4. Ginsburg
  5. Sotomayorwrote the opinion
  6. Roberts
Dissenting · 3disagreed with the result
  1. Breyerwrote the dissent
  2. Kennedy
  3. Alito
6 justices joined the judgment, 3 dissented.

What's next

The First Circuit will reconsider the case after the Supreme Court sent it back.

Documents

2

Opinions

  • Southern Union

    Sotomayor, Roberts, Scalia, Thomas, Ginsburg, Kagan, Breyer, Kennedy, Alito

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 26, 2026 · Generated

  • New analysis added

    Oct 26, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 26, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 26, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 26, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 26, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

  • Audio Recording added: Oral Arguments - Southern Union Company v. United States

    Oct 30, 2014 · Court records

  • Opinion added: Southern Union

    Jun 21, 2012 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 26, 2026Methodology

Court records and filings

Reporting and analysis