|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether the Supreme Court should stay, pending appeal, an order by the U.S. District Court for the District of South Carolina enjoining South Carolina's enforcement of a requirement that mail-in ballots for the 2020 election be verified by a signature in the presence of another individual, or "witness," in light of the coronavirus pandemic.
|Date||Proceedings and Orders |
|Oct 01 2020||Application (20A55) for a stay, submitted to The Chief Justice.|
|Oct 01 2020||Response to application (20A55) requested by The Chief Justice, due Saturday, October 3, 2020, by 2 p.m. ET.|
|Oct 03 2020||Response to application from respondents Kylon Middleton, et al. filed.|
|Oct 03 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by District of Columbia, et al.|
|Oct 03 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by AARP, et al.|
|Oct 03 2020||Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Mary Thomas, et al.|
|Oct 04 2020||Reply of applicants Marci Andino, et al. filed.|
|Oct 05 2020||Application (20A55) referred to the Court.|
|Oct 05 2020||Application (20A55) granted in part by the Court. The application for stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted in part, and the district court’s September 18, 2020 order granting a prelim-inary injunction is stayed pending disposition of the appeal in the United States Court of Appeals for the Fourth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judg-ment of this Court. The order is stayed except to the extent that any ballots cast before this stay issues and received within two days of this order may not be rejected for failing to comply with the witness requirement. JUSTICE THOMAS, JUSTICE ALITO, and JUSTICE GORSUCH would grant the application in full. JUSTICE KAVANAUGH, concurring in grant of application for stay. (Detached Opinion).|
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).