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Bourgeois v. Watson

Petition for certiorari denied on December 11, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
20-6500 7th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether the Federal Death Penalty Act, which provides that a “sentence of death shall not be carried out upon a person who is mentally retarded,” prohibits the government from executing a federal prisoner who is intellectually disabled under current legal and diagnostic standards; and (2) if so, whether 28 U.S.C. § 2241 provides a remedy for such a prisoner when a court had previously denied his claim using now-rejected judge-made criteria, instead of clinically accepted diagnostic standards.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 02 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)
Dec 03 2020Brief amicus curiae of The Constitution Project filed.
Dec 03 2020Application (20A104) for a stay of execution of sentence of death, submitted to Justice Barrett.
Dec 04 2020Brief of respondents T. J. Watson, Warden, et al. in opposition filed.
Dec 07 2020Reply of petitioner Alfred Bourgeois filed.
Dec 11 2020Application (20A104) referred to the Court.
Dec 11 2020Petition DENIED.
Dec 11 2020Application (20A104) denied by the Court. JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from the denial of certiorari and application for stay. (Detached opinion)