|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-5684||11th Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether the petitioner’s mandatory guidelines sentence, which was enhanced under the residual clause of U.S.S.G. § 4B1.2, is unconstitutional in light of the Supreme Court’s decision in Johnson v. United States, and, if so, whether a conviction for burglary of a dwelling under Florida law qualifies as a “crime of violence” under U.S.S.G. § 4B1.2’s elements clause; and (2) whether published orders issued by a circuit court of appeals under 28 U.S.C. § 2244(b)(3), and in the context of applications to file second or successive 28 U.S.C. § 2255 motions, constitute binding precedent outside of that context.
|Date||Proceedings and Orders |
|Aug 17 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2017)|
|Aug 29 2017||Waiver of right of respondent United States to respond filed.|
|Sep 07 2017||DISTRIBUTED for Conference of 9/25/2017.|
|Sep 20 2017||Response Requested. (Due October 20, 2017)|
|Oct 12 2017||Order extending time to file response to petition to and including November 20, 2017.|
|Nov 20 2017||Brief of respondent United States in opposition filed.|
|Dec 27 2017||Reply of petitioner Gregory Eugene Allen filed.|
|Jan 11 2018||DISTRIBUTED for Conference of 2/16/2018.|
|Feb 20 2018||DISTRIBUTED for Conference of 2/23/2018.|
|Feb 26 2018||DISTRIBUTED for Conference of 3/2/2018.|
|Mar 12 2018||DISTRIBUTED for Conference of 3/16/2018.|
|Mar 19 2018||DISTRIBUTED for Conference of 3/23/2018.|
|Mar 26 2018||DISTRIBUTED for Conference of 3/29/2018.|
|Apr 09 2018||DISTRIBUTED for Conference of 4/13/2018.|
|Apr 16 2018||DISTRIBUTED for Conference of 4/20/2018.|
|Apr 23 2018||DISTRIBUTED for Conference of 4/27/2018.|
|Apr 26 2018||Letter of April 26, 2018, from the Solicitor General received. (Distributed)|
|Apr 27 2018||Letter of April 27, 2018, form counsel for petitioner received. (Distributed)|
|Apr 27 2018||Letter of April 27, 2018, from the Solicitor General received. (Distributed) (This letter is a corrected version of the Solicitor General's letter of April 26, 2018)|
|May 07 2018||DISTRIBUTED for Conference of 5/10/2018.|
|May 14 2018||DISTRIBUTED for Conference of 5/17/2018.|
|May 21 2018||Petition DENIED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).