Issue: (1) Whether, in proceedings under Atkins v. Virginia , the Sixth Amendment requires a state to prove the absence of mental retardation (intellectual disability) beyond a reasonable doubt to a jury, because death is not within the permissible range of sentences for a person who is intellectually disabled; (2) whether this Court should grant certiorari, vacate, and remand for further consideration of Howell's Sixth Amendment claim in light of Alleyne v. United States ; (3) whether it violates the Eighth Amendment and Atkins for a state court to determine a petitioner's I.Q. without appropriately applying scientifically reliable standards for the assessment of intellectual functioning such as the Standard Error Of Measurement (SEM) of I. Q. tests or the "Flynn Effect," a recognized phenomenon requiring the downward adjustment of raw I.Q. scores to reflect the petitioner's actual I.Q.; (4)
whether the Eighth Amendment and Atkins allow a state to use standards for assessing adaptive deficits that contravene scientifically accepted clinical practice and that focus on an individual's abilities rather than his actual deficits, when such deficits satisfy clinical standards for intellectual disability; and (5) whether it violates due process and/or equal protection under the Fourteenth Amendment for a state supreme court to require consideration of SEM and the Flynn Effect in some Atkins cases but to refuse their consideration to the petitioner.
Proceedings and Orders
Apr 10 2013
Application (12A987) to extend the time to file a petition for a writ of certiorari from April 29, 2013 to June 28, 2013, submitted to Justice Kagan.
Apr 12 2013
Application (12A987) granted by Justice Kagan extending the time to file until June 28, 2013.
3/31Kimble v. Marvel Enterprises, Inc. Whether the Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se”.
On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.