|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-602||11th Cir.||N/A||N/A||N/A||N/A||OT 16|
Issue: (1) Whether, to satisfy his Glossip v. Gross burden, a condemned prisoner is limited to selecting an alternative method of execution from those already permitted by state statute; (2) whether Glossip requires a prisoner proposing an alternative lethal injection drug to provide a specific willing supplier for the alternative drug; (3) whether, to meet his Glossip burden, a condemned prisoner is required to provide, through a medical expert, a detailed protocol for an alternative method of execution including “precise procedures, amounts, times and frequencies of implementation”; and (4) whether it is a violation of the 14th Amendment guarantee of equal protection for a state to deviate arbitrarily from its voluntarily adopted execution safeguards.
|Date||Proceedings and Orders |
|Nov 3 2016||Petition for a writ of certiorari filed. (Response due December 5, 2016)|
|Nov 3 2016||Application (16A451) for a stay of execution of sentence of death, submitted to Justice Thomas.|
|Nov 3 2016||Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.|
|Nov 3 2016||Motion for leave to file amici brief filed by Certain Medical Professionals and Medical Ethicists.|
|Nov 3 2016||Brief of respondent Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al. in opposition filed.|
|Nov 3 2016||Reply of petitioner Thomas D. Arthur filed.|
|Nov 3 2016||UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that execution of the sentence of death is hereby stayed pending further order of Justice Thomas or of the Court.|
|Nov 3 2016||Application (16A451) referred to the Court.|
|Nov 3 2016||Application (16A451) granted by the Court. The application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. 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 judgment of this Court. Statement of The Chief Justice respecting the grant of the application for stay. I do not believe that this application meets our ordinary criteria for a stay. This case does not merit the Courts review: the claims set out in the application are purely fact-specific, dependent on contested interpretations of state law, insulated from our review by alternative holdings below, or some combination of the three. Four Justices have, however, voted to grant a stay. To afford them the opportunity to more fully consider the suitability of this case for review, including these circumstances, I vote to grant the stay as a courtesy. Justice Thomas and Justice Alito would deny the application.|
|Nov 7 2016||DISTRIBUTED for Conference of November 22, 2016.|
|Nov 8 2016||Rescheduled.|
|Nov 15 2016||DISTRIBUTED for Conference of December 2, 2016.|
|Nov 23 2016||Rescheduled.|
|Dec 5 2016||DISTRIBUTED for Conference of December 9, 2016.|
|Dec 27 2016||DISTRIBUTED for Conference of January 6, 2017.|
|Jan 9 2017||DISTRIBUTED for Conference of January 13, 2017.|
|Jan 17 2017||DISTRIBUTED for Conference of January 19, 2017.|
|Feb 6 2017||DISTRIBUTED for Conference of February 17, 2017.|
|Feb 21 2017||Motion for leave to file amicus brief filed by Certain Medical Professionals and Medical Ethicists GRANTED.|
|Feb 21 2017||Petition DENIED. Justice Sotomayor with whom Justice Breyer joins, dissenting from the denial of certiorari. (Detached Opinion)|
|Mar 20 2017||Petition for Rehearing filed.|
|Apr 5 2017||DISTRIBUTED for Conference of April 21, 2017.|
|Apr 7 2017||Supplemental brief to petition for rehearing filed. (Distributed)|
|Apr 17 2017||Second supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)|
|Apr 18 2017||Third supplemental brief of petitioner Thomas D. Arthur filed. (Distributed)|
|Apr 24 2017||Rehearing DENIED Justice Sotomayor would grant the petition for rehearing.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
How has COVID-19 changed the Supreme Court? And are any of those changes worth keeping? Today we launch a symposium examining those questions.
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