|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-9173||Okla. Crim. App.||Not Argued||Oct 11, 2016||n/a||Per Curiam||OT 2016|
Holding: The Oklahoma Court of Criminal Appeals erred in concluding that it was not bound by the Supreme Court’s holding in Booth v. Maryland that the Eighth Amendment prohibits a capital-sentencing jury from considering testimony by a victim’s family members about the crime, the defendant, and the appropriate sentence.
Judgment: Vacated and remanded in a per curiam opinion on October 11, 2016. Justice Thomas filed a concurring opinion, in which Justice Alito joined.
|Date||Proceedings and Orders |
|Feb 18 2016||Application (15A875) to extend the time to file a petition for a writ of certiorari from February 29, 2016 to April 29, 2016, submitted to Justice Sotomayor.|
|Feb 26 2016||Application (15A875) granted by Justice Sotomayor extending the time to file until April 29, 2016.|
|Apr 29 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2016)|
|Jun 2 2016||Brief of respondent Oklahoma in opposition filed.|
|Jun 16 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Oct 3 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Oct 11 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED. Justice Thomas, with whom Justice Alito joins, concurring. Opinion per curiam. (Detached Opinion)|
|Nov 14 2016||JUDGMENT ISSUED.|
|Nov 14 2016||MANDATE ISSUED.|
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).