Editor's Note :

Editor's Note :

We expect orders from the February 23 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday at 10 a.m.
On Monday the court hears oral argument in Janus v. American Federation of State, County, and Municipal Employees, Council 31. Amy Howe has our preview.
On Monday the court also hears oral argument in Ohio v. American Express Co. Beth Farmer has our preview.

Turner v. Rogers

Docket No. Op. Below Argument Opinion Vote Author Term
10-10 Supreme Court of South Carolina Mar 23, 2011
Tr.Aud.
Jun 20, 2011 5-4 Breyer OT 2010

Holding: Although the petitioner has already served his sentence and alleges no collateral consequences will follow from the state's action against him the case is not moot because it is capable of repetition while evading review. Next, the Fourteenth Amendment's Due Process Clause does not automatically require the state to provide counsel at civil contempt proceedings to an indigent noncustodial parent who is subject to a child support order, even if that individual faces incarceration. In this case, however, the petitioner's incarceration violated due process because he received neither counsel nor the benefit of alternative procedural safeguards that would reduce the risk of an erroneous deprivation of liberty.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Stephen Breyer on June 20, 2011. Justice Thomas filed a dissenting opinion, which Justice Scalia joined in full and which the Chief Justice and Justice Alito join as to Parts I-B and II.

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