|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21A23||D.C. Cir.||Not Argued||Aug 26, 2021||6-3||Per Curiam||OT 2020|
Holding: The district court’s judgment – which vacated as unlawful the Centers for Disease Control and Prevention’s imposition of a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID-19 transmission and who make certain declarations of financial need – is enforceable and the stay of the judgment is vacated.
Judgment: The application to vacate stay is granted in a per curiam opinion on August 26, 2021.
|Date||Proceedings and Orders |
|Aug 20 2021||Application (21A23) to vacate stay, submitted to The Chief Justice.|
|Aug 20 2021||Response to application (21A23) requested by The Chief Justice, due Monday, August 23, 2021, by noon.|
|Aug 23 2021||Response to application from respondents Department of Health and Human Services, et al. filed.|
|Aug 24 2021||Reply of Alabama Association of Realtors, et al. filed.|
|Aug 26 2021||Application (21A23) referred to the Court.|
|Aug 26 2021||Application (21A23) to vacate stay presented to The Chief Justice and by him referred to the Court granted. Opinion per curiam. (Detached Opinion) Justice Breyer, with whom Justice Sotomayor and Justice Kagan join, dissenting. (Detached Opinion)|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050