Glossip v. Gross
Holding
The death-row inmates have failed to establish a likelihood of success on the merits of their claim that the use of midazolam, a sedative, as the first drug in Oklahoma"s lethal injection protocol violates the Eighth Amendment because it fails to render a person insensate to pain.
Judgment
Affirmed, 5-4, in an opinion by Samuel Alito on Jun 29, 2015. Justice Scalia filed a concurring opinion, in which Justice Thomas joined. Justice Thomas filed a concurring opinion in which Justice Scalia joined. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.
Jan 13, 2015Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2015)
Jan 13, 2015Application (14A761) for stays of execution of sentences of death, submitted to Justice Sotomayor.Jan 14, 2015Brief of respondent Kevin J. Gross, et al. in opposition filed.
Jan 14, 2015Response to application (14A761) from respondent Kevin J. Gross, et al. filed.Jan 15, 2015Reply of petitioner Charles F. Warner, et al. filed.
Jan 15, 2015Reply of applicant Charles F. Warner, et al. filed.
Jan 15, 2015Application (14A761) referred to the Court.
Jan 15, 2015Application (14A761) denied by the Court. JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG, JUSTICE BREYER, and JUSTICE KAGAN join, dissents. (Detached Opinion)
Jan 20, 2015DISTRIBUTED for Conference of January 23, 2015.
Jan 23, 2015Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 26, 2015Application (14A796) of Kevin J. Gross, et al. for stays of execution of sentences of death, submitted to Justice Sotomayor.Jan 26, 2015Response in support of application filed.Jan 28, 2015Application (14A796) referred to the Court.
Jan 28, 2015Application (14A796) granted by the Court. Respondents
Mar 4, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
Mar 6, 2015SET FOR ARGUMENT ON Wednesday, April 29, 2015
Mar 6, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents.
Mar 9, 2015Brief of petitioners Richard E. Glossip, et al. filed.
Mar 9, 2015Joint appendix filed.
Mar 9, 2015Joint motion for leave to file volume II of the joint appendix under seal with redacted copies for the public record filed.
Mar 11, 2015Motion DISTRIBUTED for Conference of March 27, 2015.
Mar 16, 2015Brief amicus curiae of Former State Attorneys General filed.
Mar 16, 2015Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Mar 16, 2015CIRCULATED.
Mar 16, 2015Brief amicus curiae of Louis Stein Center for Law and Ethics at Fordham University School of Law filed. (Distributed).Mar 16, 2015Brief amicus curiae of National Consensus Project The Promise of Justice Initiative filed. (Distributed)Mar 16, 2015Brief amicus curiae of The Innocence Project filed. (Distributed)Mar 16, 2015Brief amicus curiae of National Catholic Reporter filed. (Distributed)Mar 16, 2015Brief amici curiae of Sixteen Professors of Pharmacology in support of neither party filed. (Distributed)Mar 16, 2015Brief amicus curiae of The Rutherford Institute filed. (Distributed)Mar 16, 2015Motion rescheduled.
Mar 16, 2015Brief amicus curiae of Advocates for Human Rights filed. (Distributed).Mar 17, 2015Record requested from U.S.C.A. 10th Circuit.
Mar 24, 2015Record received from U.S.C.A. 10th Circuit is electronic.
Apr 1, 2015Motion DISTRIBUTED for Conference of April 17, 2015.
Apr 8, 2015Brief of respondents Kevin J. Gross, et al. filed. (Distributed)Apr 14, 2015Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)Apr 15, 2015Brief amicus curiae of Florida filed. (Distributed)Apr 15, 2015Brief amici curiae of Alabama, et al. filed. (Distributed)Apr 20, 2015Motion for leave to file volume II of the joint appendix under seal with redacted copies for the public record GRANTED.
Apr 22, 2015Reply of petitioners Richard E. Glossip, et al. filed. (Distributed)Apr 29, 2015Argued. For petitioners: Robin C. Konrad, Phoenix, Ariz. For respondents: Patrick R. Wyrick, Solicitor General, Oklahoma City, Okla.
May 13, 2015Letter from counsel for the respondent received. (Distributed)
Jun 4, 2015Letter from counsel for amici The National Consensus Project The Promise of Justice Initiative received.
Jun 29, 2015Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined. Thomas, J., filed a concurring opinion, in which Scalia, J., joined. Breyer, J. filed a dissenting opinion, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined.
Jul 24, 2015Petition for Rehearing filed.
Aug 6, 2015DISTRIBUTED.
Aug 28, 2015Rehearing DENIED.
Aug 28, 2015JUDGMENT ISSUED.
Recommended Citation: Glossip v. Gross, SCOTUSblog, https://www.scotusblog.com/cases/glossip-v-gross/