|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.
|Date||Proceedings and Orders |
|Dec 02 2020||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)|
|Dec 03 2020||Brief amicus curiae of The Constitution Project filed.|
|Dec 03 2020||Application (20A104) for a stay of execution of sentence of death, submitted to Justice Barrett.|
|Dec 04 2020||Brief of respondents T. J. Watson, Warden, et al. in opposition filed.|
|Dec 07 2020||Reply of petitioner Alfred Bourgeois filed.|
|Dec 11 2020||Application (20A104) referred to the Court.|
|Dec 11 2020||Petition DENIED.|
|Dec 11 2020||Application (20A104) denied by the Court. JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN joins, dissenting from the denial of certiorari and application for stay. (Detached opinion)|
The clerk of the court just notified counsel in a juvenile sentencing case—that was sent back to a lower court this week in light of the court's decision in Jones v. Mississippi—that Justice Kagan unwittingly failed to recuse herself after participating in part of the case as SG.
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JUST IN: Another shadow-docket filing in which a church argues that state COVID-related restrictions lack sufficient carveouts for religious worship. This one challenges Colorado's restrictions. It relies heavily on last month's ruling in Tandon v. Newsom.
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